Miss B N Anitha vs Smt Jyothi N
2024 Latest Caselaw 4257 Kant

Citation : 2024 Latest Caselaw 4257 Kant
Judgement Date : 12 February, 2024

Karnataka High Court

Miss B N Anitha vs Smt Jyothi N on 12 February, 2024

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                                                           NC: 2024:KHC:5773
                                                     CRL.RP No. 1369 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 12TH DAY OF FEBRUARY, 2024
                                          BEFORE
                           THE HON'BLE MR JUSTICE S RACHAIAH
                      CRIMINAL REVISION PETITION NO. 1369 OF 2021
                   BETWEEN:
                      MISS B N ANITHA
                      AGED ABOUT 40 YEARS
                      D/O LATE NANDARAM
                      RESIDING AT NO.295, 3RD MAIN ROAD
                      5TH CROSS SARASWATHINAGAR
                      VIJAYANAGAR
Digitally signed
                      BENGALURU - 560 040.
by SUDHA S            AND ALSO AT:
Location:             STENOGRAPHER
HIGH COURT            CRIMINAL INVESTIGATION DEPARTMENT
OF
KARNATAKA             CARLTON HOUSE, NO.1, PLACE ROAD
                      BENGALURU - 560 001.
                                                               ...PETITIONER
                   (BY SRI. NARASIMHA PRASAD S D, ADVOCATE)

                   AND:
                      SMT JYOTHI N
                      AGED ABOUT 31 YEARS
                      DAUGHTER OF SHRI NARAYANA
                      RESIDING AT NO.37, 9TH CROSS
                      RAMAKRISHNA LAYOUT, MALAGALA
                      BENGALURU - 560 091.
                                                              ...RESPONDENT
                   (BY SRI. SHIVSHANKER, ADVOCATE)

                        THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P. PRAYING
                   TO SET ASIDE THE ORDER AND SENTENCE OF CONVICTION
                   PASSED BY THE XXXIII ADDITIONAL CHIEF METROPOLITAN
                   MAGISTRATE BENGALURU IN C.C.NO.57256/2017 DATED
                   02.12.2019 AND ETC.,

                        THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                   THE COURT MADE THE FOLLOWING:
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                                               CRL.RP No. 1369 of 2021




                                  ORDER

1. Learned counsel for the respective parties and

parties are present before the Court.

2. Learned counsel for the respective parties have filed

a joint memo stating that the matter has been settled out of

the Court between the parties and the same may be disposed

of, accordingly.

3. The averments of the joint memo in para-1 to 5

which read thus:

"(01) The petitioner has filed the above petition challenging the order passed by the Hon'ble City Civil Judge (Mayo Hall), Bengaluru, in Criminal Appeal No.25372/2019 dated 13-10-2021 whereby the Hon'ble Sessions Court has confirmed the order of the learned Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No. 57256/2017 dated 02-12-

2019.

(02) The amount covered under the cheque in question is Rs.3,00,000/- and the petitioner has been convicted and sentenced to pay a sum of Rs.4,40,500/-

(03) The petitioner has deposited a sum of Rs.89,100/- before the Hon'ble Trial Court and a sum

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of Rs.1,32,150/- before the Trial Court in pursuance to the order passed by this Hon'ble Court. Thus, a total amount of Rs. 2,21,250/- has been deposited by the petitioner and the same has been withdrawn by the petitioner.

(04) With the intervention of elders and well-wishers, the dispute between the parties has been settled amicably. In terms of the settlement, the petitioner is offering to pay a total sum of Rs.3,50,000/- and the Respondent has agreed to receive the said amount towards her full and final settlement of her claim.

(05) Out of the said amount of Rs.3,50,000/-, the petitioner has already deposited a sum of Rs.2,21,250/- before the Hon'ble Trial Court in terms of the order passed by the Hon'ble Appellate Court as well as this Hon'ble Court. In terms of the settlement, the petitioner is liable to pay the balance amount of Rs.1,28,750/- to the Respondent and the petitioner is herewith paying a sum of Rs.28,750/- by cash and undertakes to pay the balance amount of Rs.1,00,000/ on or before Tenth February from today."

4. Considering the averments of the said application,

there is no embargo to this Court to record the compromise,

since the offence punishable under Section 138 of N.I. Act is

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compoundable in nature and parties have settled the matter

amicably. Hence, I proceed to pass the following:

ORDER

i. The Criminal Revision Petition is disposed of in terms of compromise.

ii. The judgment of conviction and order of sentence dated 02.12.2019 in C.C.No.57256/2017 passed by the Court of XXXIII Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru and its confirmation judgment and order dated 30.10.2021 in Crl.A.No.25372/2019 passed by the Court of LXXIII Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru are set aside.