Karnataka High Court
Smt B P Prathima Devi vs Sri K H Fiaz Ali on 16 February, 2024
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NC: 2024:KHC:6678
CRL.RP No. 1007 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL REVISION PETITION NO. 1007 OF 2016
BETWEEN:
SMT. B. P. PRATHIMA DEVI,
W/O. POORNESH GOWDA,
AGED ABOUT 60 YEARS,
R/AT DANEHALLI VILLAGE,
AVATHI POST, CHIKAMAGALURU TALUK
AND DISTRICT-577 149.
...PETITIONER
(BY SRI. DHARMAPAL, ADVOCATE)
AND:
SRI. K. H. FIAZ ALI,
S/O MOHD. HUSSAIN,
AGED ABOUT 68 YEARS,
R/AT NEAR MALNAD,
Digitally signed by
SANDHYA S WHEEL ALIGNMENT, UPPALI,
Location: High CHIKKAMAGALURU TALUK AND DISTRICT,
Court of Karnataka
PIN- 577 101.
...RESPONDENT
(BY SRI. PRADEEP C. YADAV, ADVOCATE)
THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER DATED 03.10.2013 IN
C.C.NO.365/2009 PASSED BY THE II ADDL. CIVIL JUDGE AND
JMFC, CHIKMAGALURU BY CONVICTING THE PETR. FOR THE
OFFENCE P/U/S 138 OF N.I ACT AND ALSO TO SET ASIDE THE
ORDER OF THE LOWER APPELLATE COURT, THE IInd ADDL.
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NC: 2024:KHC:6678
CRL.RP No. 1007 of 2016
S.J., CHIKMAGALURU PASSED ON 02.05.2016 IN
CRL.A.NO.366/2013 AND ACQUIT THE PETITIONER.
THIS PETITION, COMING ON FOR SETTLEMENT, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel from both sides present.
It is submitted that revision petitioner Smt.B.P.Prathima
Devi is bed ridden. Hence, on behalf of Smt.B.P.Prathima Devi,
her son Sri.Sanketh H.P. is present before the Court.
2. Application is filed under Section 147 of Negotiable
Instruments Act with affidavit of Smt.B.P.Prathima Devi, in
which she has stated that the matter is settled for an amount of
Rs.1,15,000/- (Rupees One Lakh Fifteen Thousand only) for full
and final settlement and today, the petitioner's counsel has
handed over the Demand Draft of Rs.98,000/- vide
D.D.No.501652 dated 12.02.2024 of ICICI Bank, Chikmagalur
Branch to the respondent's counsel Sri.Pradeep C.Yadav. The
respondent's counsel has no objection. He has also put his
signature on the compromise petition and has received the
Demand Draft of Rs.98,000/- before this Court. The contents of
the Compromise Petition is as under:
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"The Petitioner and the Respondent
submits as follows:
1) That the respondent had filed complaint
u/s 138 of the N.I. Act against the petitioner as
per CC No.365/2009 before the learned II Addl.
Civil Judge (Jnr. Dvn.) & JMFC at Chikmagalur
and the petitioner/accused was convicted as per
the judgment dated : 03.10.2013 directing her
to pay a sum of Rs.1,20,000/- for the Cheque
amount of Rs.1,00,000/- and out of the Cheque
amount of Rs.1,15,000/- to be paid to the
respondent / complainant. Against that
judgment, the petitioner has preferred Criminal
Appeal No.366/2013 before the learned II
Additional Sessions Judge, Chikmagalur, but the
same came to be rejected on 02.05.2016 and
confirmed the judgment of the trial Court,
against which the petitioner has preferred the
above revision petition before this Hon'ble Court.
2) Now both parties have settled their
dispute amicably and the petitioner has agree to
pay a total amount of Rs.1,15,000/- as full and
final settlement and the respondent had agreed
for the same. The petitioner has deposited a sum
of Rs.12,000/- on 26.11.2013 before the learned
Principal Civil Judge and JMFC, Chikmagalur as
per the receipt No.0609767 in C.C. No.:
365/2009, out of the total fine amount and again
NC: 2024:KHC:6678
deposited a sum of Rs.5,000/- on 20.06.2016
before the learned Principal Civil Judge and JMFC
at Chikmagalur as per receipt No.174856 as fine.
Hence, the petitioner has deposited a total
amount of Rs.17,000/- in favour of the
respondent.
3) Accordingly, the petitioner has brought
the Demand Draft of balance amount of
Rs.98,000/- in favour of the respondent as per
DD No.501652 dated 12.02.2024 of ICICI Bank,
Chikmagalur Branch.
4) Since both the parties are aged and
unable to come to Bangalore from Chikmagalur,
they have instructed and authorized their
respective advocates to accept the terms put the
signature on their behalf on the petition.
WHEREFORE it is prayed that this Hon'ble
Court be pleased to record this compromise
petition and to close the matter by acquitting the
petitioner/accused in the above case, in the
interest of justice."
The said compromise is recorded. The application filed
under Section 147 of the Negotiable Instruments Act, is
allowed.
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3. In view of the compromise entered into between the
parties, the Criminal Revision Petition is allowed. The judgment
of conviction and order of sentence passed by the II Additional
Civil Judge and JMFC, Chikmagalur in CC No.365/2009 dated
3.10.2023 which is confirmed by the II Additional District and
Sessions Judge, Chikmagalur in Criminal Appeal No.366/2013
dated 02.05.2016 are set aside.
4. The accused/revision petitioner is acquitted for the
offence punishable under Section 138 of the Negotiable
Instruments Act.
The Trial Court is directed to disburse the amount of
Rs.5,000/- which is deposited vide Receipt No.174856 dated
20.06.2016 and Rs.12,000/- deposited on 26.11.2013 vide
Receipt No.0609767 to the complainant in accordance with law.
Registry is directed to send a copy of this Order to the
Trial Court with Trial Court Records.
Sd/-
JUDGE
AP
