Karnataka High Court
Smt. N Poornima vs Sri. A Jaganmohan on 2 February, 2024
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CRL.RP No. 1575 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1575 OF 2023
BETWEEN:
SMT. N. POORNIMA,
W/O SHIVANAND C.,
AGED ABOUT 40 YEARS,
R/AT NO.755/66, VENKATESH NILAYA,
1ST MAIN ROAD,
VIYALIKAVAL,
BENGALURU - 560 003.
...PETITIONER
(BY SRI. ISMAIL MUNEEB MUSBA, ADVOCATE)
AND:
SRI. A. JAGANMOHAN,
S/O A. JAYARAMA CHANDRA,
AGED ABOUT 44 YEARS,
RESIDING AT NO. 108,
7TH CROSS,
LOWER PALACE ORCHARDS,
Digitally BANGALORE - 560 003.
signed by ...RESPONDENT
SUDHA S
Location: (BY SRI. MALLESH L., ADVOCATE)
HIGH
COURT OF
KARNATAKA THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE JUDGMENT DATED 21.10.2023 IN
CRIMINAL APPEAL NO.178/2021 PASSED BY THE LXII ADDL.
CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CITY (CCH-
63) AND SET ASIDE THE JUDGMENT DATED 05.02.2021 IN
C.C.NO.1996/2017 PASSED BY THE 18TH ACMM, BANGALORE,
PRODUCED HERETO AS ANNEXURE-A AND B RESPECTIVELY
AND CONSEQUENTLY ACQUIT THE ACCUSED THE ACCUSED
FOR OFFENCE P/U/S.138 OF NI ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.RP No. 1575 of 2023
ORDER
1. Learned counsel for the respective parties and the
parties are present before the Court.
2. Learned counsel for the respective parties have filed
a joint memo. The averments of the joint memo in Para-1 to 5
reads thus:
"1. The petitioner has filed the present
petition aggrieved by the judgment of
conviction and sentence dated 05.02.2021
passed by the Court of the XVIII Addl. Chief
Metropolitan Magistrate, Bangalore City in
C.C.No.1996/2017 wherein the Trial Court
had directed the petitioner/accused to pay
Rs.8,20,000/- and thereafter order of
conviction by the Court of LXII Addl. City
Civil & Sessions Judge at Bangalore City
(CCH-63) in Criminal Appeal No:178/2021
vide judgment dated 21.10.2023 upholding
the conviction and sentencing the petitioner
for an offence punishable under Section 138
of the Negotiable Instrument Act, and
sentenced her to pay a fine of Rs.8,20,000/-
and in default of payment of said fine
amount, to undergo S.I. for 2 years,
produced as Annexure-A & B, the petitioner
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has preferred the above criminal revision
petition in the interest of justice.
.
2. The parties submit that during the
pendency of the above mentioned cases,
the parties have amicably resolved the
matter with the intervention of well-wishers
and the parties have entered into a
compromise.
3. Hence, the present joint memo filed in
view of the settlement between the parties
and family members.
4. The parties have agreed to resolve the
issue and amicable settle the entire amount
@Rs.6,00,000/-, as full and final
settlement.
5. The petitioner is hereto paying a sum
of Rs.4,40,000/- vide DD dated 29.01.2024
bearing No.063858 drawn on State Bank of
India, in favour of the Respondent."
3. Considering the above averments of the petitioner
and also submission of the learned counsel for the respective
parties, there is no embargo to this Court to record the
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compromise, since the offence punishable under Section 138 of
N.I. Act is compoundable in nature and parties have settled the
matter amicably. Hence, I proceed to pass the following:
ORDER
i. Revision petition stands disposed of in terms of
compromise.
ii. The judgment of conviction and order of sentence
dated 05.02.2021 in C.C.No.1996/2017 passed by
the Court of XVIII Addl. Chief Metropolitan
Magistrate, Bengaluru City and its confirmation
judgment and order dated 21.10.2023 in
Crl.A.No.178/2021 passed by the Court of the LXII
Addl. City Civil and Sessions Judge (CCH-63),
Bengaluru are set aside.
iii. The petitioner is acquitted for the offence under
section 138 of N.I. Act.
The Trial Court is directed to release the amount
deposited by the petitioner in favour of the
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respondent/complainant of proper identification and on
production of this order.
Sd/-
JUDGE
JS
CT:SNN
