Smt. Lakshmamma vs Smt. Srinivasa Gowda
2024 Latest Caselaw 778 Kant

Karnataka High Court

Smt. Lakshmamma vs Smt. Srinivasa Gowda on 9 January, 2024

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                                                       NC: 2024:KHC:945
                                               CRL.RP No. 1377 of 2022




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 9TH DAY OF JANUARY, 2024

                                      BEFORE
                        THE HON'BLE MR JUSTICE S RACHAIAH
                 CRIMINAL REVISION PETITION NO. 1377 OF 2022
              BETWEEN:

              SMT. LAKSHMAMMA,
              W/O CHENNA RENUKAIAH,
              AGED ABOUT 44 YEARS,
              R/AT NO. 5, DHANVANTRI HOUSE,
              HULIYURAMMA TEMPLE ROAD,
              HOSAKEREHALLI, BENGALURU - 560 085.
                                                          ...PETITIONER
              (BY SRI. KRISHNAMURTHY N, ADVOCATE)

              AND:

              SMT. SRINIVASA GOWDA,
              S/O. LATE MARIYAPPA,
              AGED ABOUT 64 YEARS,
Digitally
signed by N   RESIDING AT NO. 364,
UMA           MANJUNATHA TEMPLE ROAD,
Location:
HIGH          2ND MAIN ROAD, SBM COLONY,
COURT OF      BANASHANKARI I STAGE,
KARNATAKA
              BENGALURU - 560 050.
                                                         ...RESPONDENT
              (BY SRI. RAJAGOPALA NAIDU, ADVOCATE)

                     THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
              PRAYING TO a) SET ASIDE THE ORDER OF CONVICTION AND
              SENTENCE DATED 01.12.2018 CONVICTING THE PETITIONER
              FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
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                                                    NC: 2024:KHC:945
                                            CRL.RP No. 1377 of 2022




     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

                                ORDER

Heard Sri. Krishna Murthy N., learned counsel for the

petitioner and Sri. Rajagopala Naidu, learned counsel for the

respondent.

2. Learned counsel for the respective parties submit

that the parties have settled the dispute amicably and filed an

application under Section 320 of Cr.P.C., read with Section 147

of N.I. Act seeking permission to compromise the petition and

set aside the order passed by the Courts below and to release

the deposited amount of Rs.1,50,000/- in favour of the

respondent.

3. The Petitioner and the respondent are present and

identified by their respective counsels. The Joint Affidavit is

duly signed by the petitioner, the respondent and their

respective counsels. The relevant portion of the application

reads thus:

"3) The appellant has deposited a sum of Rs.1,00,000/- (Rupees One Lakh only) before the trial court and it was ordered and it was released

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to the respondent. The appellant has also deposited a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) and the same is yet to be released to the respondent.

4) The parties submit that at the intervention of elders and well-wishers the appellant has agreed to settle the claim of the respondent for a sum of Rs.4,00,000/- (Rupees Four Lakhs only). Out of the said amount the payments made as hereunder:-

a) The respondent has received a sum of Rs.1,00,000/- (Rupees One Lakh only) from the trial court.

b) A sum of Rs.1,50,000/- (Rupees one Lakh Fifty Thousand only) deposited before this Hon'ble court be ordered to be paid to the respondent.

c) A sum of Rs.1,50,000/- (Rupees one Lakh Fifty Thousand only) paid by the appellant to the respondent by way of cash.

WHEREFORE the appellant and the respondent jointly prays that this Hon'ble court be pleased to accept the compromise, set-aside the conviction of the trial court, to set-aside the order of the 1st appellate court and order for the release of Rs.1,50,000/- (Rupees one Lakh Fifty Thousand only) to the respondent thereby setting aside the

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sentence in the above case, in the interest of justice and equity".

4. On careful reading of the averments of the said

application and also considering the offence which is punishable

under Section 138 of N.I. Act, the same is compoundable in

nature. As such, there is no embargo to this Court to dispose of

the matter in terms of compromise.

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 01.12.2018 in C.C.No.13638/2017 passed by the

Court of XII Addl. C.M.M., Bengaluru and its confirmation

judgment and order dated 19.10.2022 in Crl.A.No.2/2019

passed by the Court of LVI Addl. City Civil and Sessions

Judge, Bengaluru (CCH 57) are set aside.

iii) The petitioner is acquitted for the offence

punishable under Section 138 of the Negotiable

Instruments Act, 1881.

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iv) The Trial Court is directed to release the amount,

which is deposited by the petitioner/accused to the

respondent/complainant, on proper identification

forthwith.

v) Bail bond executed, if any, stands cancelled.

Sd/-

JUDGE

JS

CT: BHK