Karnataka High Court
Smt. R. Malini vs M/S Pearlgate Comforts on 7 February, 2024
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NC: 2024:KHC:5256
CRL.RP No. 1354 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1354 OF 2019
BETWEEN:
SMT. R. MALINI
W/O V SUGUMARAN
NOW AGED ABOUT 47 YEARS
R/AT NO.328, 12TH MAIN
SHANTHI NIKETHAN LAYOUT
Digitally signed ARAKER VILLAGE
by SUDHA S
BANNERGHATTA ROAD
Location: HIGH
COURT OF BENGALURU - 560 076.
KARNATAKA ...PETITIONER
(BY SRI. CHANDRASHEKARA K A, ADVOCATE)
AND:
M/S PEARL GATE COMFORTS
PARTNERSHIP FIRM
HAVING OFFICE AT 406
7TH CROSS, 6TH MAIN
MSR NAGAR,
BENGALURU - 560 054.
REPRESENTED BY PARTNER
SRI K PRABHAKARA REDDY
S/O K ANJANEYA REDDY
NOW AGED ABOUT 52 YEARS
...RESPONDENT
(BY SRI. K SOMASHEKAR REDDY, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER DATED 9/2/2018 PASSED BY
THE XXVII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT
BENGALURU IN C.C.NO.5383/2017 AND CONFIRMED BY THE LXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY
IN CRL.A.NO.423/18 DATED 11.10.19 AND ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.RP No. 1354 of 2019
ORDER
1. Heard Sri.Chandrashekara K.A, learned counsel for the
petitioner and Sri.K.Somashekar Reddy, learned counsel
for the respondent.
2. Both learned counsels submit that the parties have
settled the dispute amicably and filed an application
under Section 147 of the Negotiable Instruments Act (for
short "N.I. Act") r/w Section 320(6) & (8) of the Code of
Criminal Procedure (for short "Cr.P.C.") along with along
with joint affidavit. The same is taken on record.
3. The Petitioner and the respondent are present and
identified by their respective counsels. The application is
duly signed by the petitioner, the respondent and their
respective counsels. Paragraph Nos.2, 3 and 4 of the
application reads thus:
"2. Now at the intervention of elders and well
wishers, the parties in the above case, viz.
petitioner and the respondent herein have
settled their dispute amicably and accordingly
the petitioner/accused agreed to pay a sum of
Rs 10,00,000/-[Rupees Ten Lakh only] towards
the full and final settlement of entire claim of
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the respondent herein and the respondent
/complainant has agreed for the same.
3. Accordingly, i.e., in terms of the settlement,
today the petitioner herein paying a sum of Rs
4,50,000/-[Rupees Four lakh Fifty Thousand
only] by way of Demand draft bearing No
168332dated 05/02/2024 drawn on Indian
Overseas Bank, Bilekahalli btranch, Bengaluru in
favour of the petitioner herein and further, the
petitioner herein has no objections to the
respondent herein to withdraw a sum of Rs
5,50,000/-[Rupees Five lakh Fifty Thousand
only] which was deposited by her before the
Learned XXVII Addl. Chief Metropolitan
Magistrate, Bengaluru in C.C. No. 5383/2017 as
hereunder;
(i). Rs 1.10,000/- was deposited on 23/03/2018
and
(ii). Rs 4,40,000/- was deposited on
31/12/2019.
before the Learned XXVII Addl. Chief
Metropolitan Magistrate, Bengaluru in C.C. No.
5383/2017 in compliance of the order passed on
an application filed under section 389 of the
code of criminal procedure by the Hon'ble
Appellate court in CRL.A. No 423/2018 and this
Hon'ble court in this petition
4. Now in view of the settlement so entered in
to between the parties as stated supra, entire
amount of Rs 10,00,000/- [Rupees Ten Lakh
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only] has been paid by the petitioner herein in
favour of the respondent herein and the
respondent herein acknowledges the receipt of
the same and in view of the same, the
respondent herein has no objection to allow the
above petition and to set aside the judgment
and order of conviction and sentence dated
09/02/2018 passed by the Learned XXVII Addl.
Chief Metropolitan Magistrate, Bengaluru in C.C.
No.5383/2017 and confirmed by the Learned
LXV AddI City Civil & Sessions Judge, Bengaluru
City in CRL.A.No.423/2018 dated 11/10/2019
for the offence punishable u/s 138 of N.I. Act
and acquit the petitioner/accused for the offence
punishable u/s 138 of N.I."
4. On perusal of the averments made in the application
along with joint affidavit, there is no embargo to this
Court to record the compromise in terms of settlement
since the alleged offence under Section 138 of the N.I.
Act, is compoundable in nature.
5. Accordingly, I proceed to pass the following:
ORDER
(i) The application filed by both the parties is
allowed and the Criminal Revision Petition stands
disposed of in terms of the compromise.
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(ii) The judgment of conviction and order of
sentence dated 09.02.2018 passed in
C.C.No.5383/2017 by the Court of XXVII
Additional Chief Metropolitan Magistrate,
Bengaluru and its confirmation judgment and
order dated 11.10.2019 passed in Crl.A.
No.423/2018 by the Court of the LXV Additional
City Civil and Sessions Judge, Bengaluru are set
aside.
(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of
Negotiable Instruments Act.
(iv) The Trial Court is directed to release the amount,
in favour of the complainant / respondent, in
case, any amount is deposited in pursuance of
the order of the Appellate Court, on proper
identification and on production of certified copy
of the order of this Court.
(v) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
UN
