Sri G V Sridhar vs Smt Sunanda
2024 Latest Caselaw 12236 Kant

Karnataka High Court

Sri G V Sridhar vs Smt Sunanda on 3 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                     NC: 2024:KHC:18857
                                                CRL.RP No. 134 of 2021




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 3RD DAY OF JUNE, 2024

                                       BEFORE
                       THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO.134 OF 2021


              BETWEEN:

              SRI G V SRIDHAR
              S/O LATE VASUDEVA
              AGED ABOUT 55 YEARS
              R/AT HOUSE NO.339,
              OPP. KAMAKSHI HOSPITAL
              THONNACHI KOPPAL LAYOUT
              SARASWATHIPURAM
              MYSURU 570 009
                                                          ...PETITIONER
              (BY SRI NAGARAJU T, ADVOCATE)
              AND:

              SMT SUNANDA
              W/O PALANETRA
              AGED ABOUT 51 YEARS
Digitally     R/AT NO.28, 'AKRUTHI'
signed by R   AGM LAYOUT, 2ND STAGE
MANJUNATHA
Location:
              5TH CROSS, MAHALAKSHMIPURAM
HIGH COURT    BENGALURU -560 086
OF
KARNATAKA                                                ...RESPONDENT
              (BY SRI K.NAGENDRA KUMAR, ADVOCATE)

                      THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
              CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
              DATED 06.02.2020 PASSED BY THE LXV ADDITIONAL CITY
              CIVIL      AND   SESSIONS     JUDGE,   BANGALORE       IN
              CRL.A.NO.1937/2018 AND THE JUDGMENT AND ORDER DATED
                                     -2-
                                                NC: 2024:KHC:18857
                                            CRL.RP No. 134 of 2021




10.07.2018 PASSED IN C.C.NO.28928/2015 ON THE FILE OF
SMALL    CAUSES     AND       THE    XIX   ACMM,   BANGALORE     BY
DISMISSING           THE            COMPLAINT        OF        THE
RESPONDENT/COMPLAINT.

      THIS CRL.RP COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:


                               ORDER

Parties are present before the Court. Application is filed

under Section 147 of Negotiable Instruments Act signed by the

parties and their respective Advocates and also affidavits came

to be filed by the parties.

2. Perused the same. On such perusal of the material on

record, including the affidavits filed by the parties, it is crystal

clear that the lis is settled between the parties amicably outside

the Court.

3. Since both the Courts have passed an order of conviction

against the accused for the offence punishable under Section

138 of Negotiable Instruments Act and the matter is now

settled completely outside the Court, the order of conviction is

to be set aside and accused needs to be acquitted by exercising

NC: 2024:KHC:18857

the power vested in the Court under Section 147 of Negotiable

Instruments Act.

Accordingly following:

ORDER

Application filed under Section 147 of Negotiable

Instruments Act is allowed.

Accused stands acquitted for the offence punishable

under Section 138 of Negotiable Instruments Act.

Two demand drafts cumulatively in a sum of

Rs.8,40,000/- is tendered by the petitioner to the respondent

and the same is acknowledged.

In view of the accused being acquitted, sum of

Rs.10,000/- ordered by the Trial Magistrate as a fine towards

the State is also set aside.

Amount in deposit before the First Appellate Court/Trial

Court is ordered to be withdrawn by the

respondent/complainant under due identification.

Sd/-

JUDGE

MR