Karnataka High Court
Sri.V.N.Raju vs Smt.Mini Krishna Kumar on 2 April, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:13393
CRL.RP No. 533 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL REVISION PETITION NO. 533 OF 2015
BETWEEN:
SRI. V N RAJU
S/O NARAYANAN
AGED ABOUT 52 YEARS
R/AT NO.15, VENKATESHWAA NILAYA
GREEN WOOD LAYOUT, VADDARAPALYA
HORAMAVU AGRA MAIN ROAD
BENGALURU - 560 043.
...PETITIONER
(BY SRI. RAGHAVENDRA N R, ADVOCATE)
AND:
SMT. MINI KRISHNA KUMAR
W/O KRISHNA KUMAR
AGED ABOUT 45 YEARS
R/AT NO. 658/7, SANTHOSH ILLAM
VIVEKANANDA STREET
Digitally signed by B KAMMANAHALLI, BENGALURU-560 033.
K
MAHENDRAKUMAR ...RESPONDENT
Location: High (BY SRI. C V SIJU, ADVOCATE)
Court of Karnataka
THIS CRL.RP IS FILED U/S.397 CR.P.C PRAYING TO SET
ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE PASSED
BY THE LEARNED XIV ACMM, BENGALURU IN C.C.NO.27459/2011
DATED 9.4.2013, AND ALSO THE JUDGMENT AND SENTENCE
CONFIRMING BY THE FTC-III, MAYO HALL, BENGALURU IN
CRL.A.NO.25065/2013 DATED 13.3.2015 BY ALLOWING THE ABOVE
CRL.RP AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:13393
CRL.RP No. 533 of 2015
ORDER
Petitioner-accused who is convicted for the offence
punishable under Section 138 of N.I. Act and sentenced to pay a
fine of Rs.7,50,000/- is before this Court.
2. The respondent-complainant is present before this
Court. The petitioner-accused and the respondent-complainant
have filed a joint memo stating that, they have amicably resolved
the dispute among themselves. In terms of the settlement, the
respondent-complainant has agreed to receive a sum of
Rs.2,25,000/- towards full and final settlement of her claim and the
amount of Rs.2,25,000/- is deposited by the petitioner-accused
before the Trial Court in the light of the interim order granted by this
Court and also by the Appellate Court. The petitioner-accused has
no objection for the respondent-complainant withdrawing the said
amount, and the respondent-complainant has no objection for
setting aside the judgment of conviction.
3. The joint memo is placed on record.
4. In view of the above, the petition requires to be allowed
in the light of the settlement arrived between the parties.
Accordingly, I pass the following:
ORDER
i) The criminal revision petition is allowed.
NC: 2024:KHC:13393
ii) The impugned Judgment of conviction and order of
sentence dated 13.3.2015, passed by the learned Fast Track Court
III, Mayo Hall at Bengaluru City in Crl.Appeal No.25065/2013, and
judgment of conviction and order of sentence dated 9.4.2013
passed by the XIV, learned Additional Chief Metropolitan
Magistrate, Bengaluru in C.C.No.27459/2011 are hereby set aside
and the petitioner is acquitted of the offence Punishable under
Section 138 of N.I. Act. The complainant is at liberty to withdraw
the amount in deposit before the Trial Court.
Sd/-
JUDGE
HR
