Smt Adisheshamma vs Sri Krishnamurthy
2024 Latest Caselaw 5788 Kant

Karnataka High Court

Smt Adisheshamma vs Sri Krishnamurthy on 26 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                            NC: 2024:KHC:7897
                                                      CRL.RP No. 1112 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 26TH DAY OF FEBRUARY, 2024

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        CRIMINAL REVISION PETITION NO. 1112 OF 2017

                   BETWEEN:

                   1.    SMT. ADISHESHAMMA
                         W/O MR. SURESH
                         AGED ABOUT 37 YEARS
                         R/AT NO.AD-3233
                         "SAI PRIYA", 1ST MAIN ROAD
                         KEB ROAD, 4TH PHASE
                         YELAHANKA NEW TOWN
                         BANGALORE-560064.
                                                                ...PETITIONER

                              (BY SMT.ANANYA KUMARI, ADVOCATE FOR
                               SRI HITESH KUMAR JAIN M., ADVOCATE)
                   AND:

                   1.    SRI KRISHNAMURTHY
Digitally signed
by SHARANYA T            S/O G. GOPAL
Location: HIGH           AGED ABOUT 31 YEARS
COURT OF                 R/AT NO.3/7, "ANJANADRI KUTIRA"
KARNATAKA
                         CHIKKABOMMASANDRA
                         G.K..V.K.POST
                         BANGALORE-560065
                                                               ...RESPONDENT

                         (BY SRI K.R.SREENIVASA PATAVARDHAN, ADVOCATE)

                        THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
                   PRAYING TO SET ASIDE THE JUDGMENT DATED 17.06.2016
                   PASSED BY THE XVIII ADDL.C.M.M., BENGALURU IN
                   C.C.NO.34285/2014 AND THE JUDGMENT DATED 03.10.2017
                   PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS
                            -2-
                                         NC: 2024:KHC:7897
                                  CRL.RP No. 1112 of 2017




JUDGE, BENGALURU IN CRL.A.NO.791/2016 AND ALLOW THE
PETITIONER WITH COSTS BY DISMISSING THE COMPLAINT OF
THE RESPONDENT AND ACQUITTING THE PETITIONER.

     THIS PETITION, COMING ON FOR SETTLEMENT THIS
DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

Petitioner and respondent along with their respective

counsel are present.

2. It is submitted that the petitioner has paid the

amount of Rs.70,000/- by way of cash before the court

and the same is acknowledged by the respondent. He has

also filed a memo stating that the matter is compromised

to the tune of Rs.1,50,000/- and the entire amount has

been paid. An amount of Rs.70,000/- is paid by way of

cash before this court and an amount of Rs.80,000/- was

already deposited. Out of the amount of Rs.80,000/-, a

sum of Rs.53,300/- was paid before the learned Magistrate

and Rs.26,700/- was deposited before the appellate court.

The respondent also acknowledged the receipt of amount

of Rs.70,000/- paid by way of cash and the petitioner also

has no objection to withdraw the amount, which is in

NC: 2024:KHC:7897

deposit before the Trial Court as well as the appellate

court. The learned counsel for the petitioner also filed an

application under Section 148 of N.I. Act praying this court

to set aside the sentence of conviction in view of

settlement arrived at between the parties.

3. For the reasons stated in the accompanying

affidavit filed in support of the application and also in view

of the settlement arrived at between the parties and also

the entire amount has been acknowledged by the

respondent, the petitioner is entitled for acquittal.

Accordingly, the petitioner is acquitted for the offence

punishable under Section 138 of Negotiable Instruments

Act, 1881.

4. The petition is disposed of in view of the

settlement arrived at between the parties.

Sd/-

JUDGE

SS