Karnataka High Court
M V Parimala vs Sri Srinivas Naidu on 1 March, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:8656
CRL.RP No. 180 of 2016
C/W CRL.RP No. 269 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL REVISION PETITION NO. 180 OF 2016
C/W
CRIMINAL REVISION PETITION NO. 269 OF 2016
IN CRL.RP NO.180/2016:
BETWEEN:
M.V. PARIMALA,
W/O RATHNAKAR RAO,
AGE: 55 YEARS,
R/AT TELEPHONE SUPERVISOR,
BSNL, BD SECTION,
2ND FLOOR,
P.G.M.TELEPHONE HOUSE,
RAJMAHAL ROAD,
BENGALURU - 560 001
...PETITIONER
Digitally signed by B
(BY SRI. N SURESHA, ADVOCATE)
K
MAHENDRAKUMAR
Location: HIGH
AND:
COURT OF
KARNATAKA
SRI. SRINIVAS NAIDU,
S/O LATE MUNISWAMY,
AGED ABOUT 50 YEARS,
NO.20, PAVITHRA APARTMENTS,
8TH MAIN, 9TH CROSS,
MALLESHWARAM,
BANGALURU - 560 003.
...RESPONDENT
(BY SRI. M.K. VENKATRAMANA, ADVOCATE)
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NC: 2024:KHC:8656
CRL.RP No. 180 of 2016
C/W CRL.RP No. 269 of 2016
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C., PRAYING
TO SET ASIDE THE ORDER DATED 23.12.2015 IN
CRL.A.NO.1216/2014 ON THE FILE OF LXIV ADDL. CITY CIVIL AND
S.J., BANGALORE IN CONFIRMING THE JUDGMENT AND SENTENCE
PASSED IN C.C.NO.27038/2011 DATED 09.10.2014, BY 13th ADDL.
C.M.M., AT BANGALORE BY ALLOWING THIS R.P.
IN CRL.RP NO.269/2016:
BETWEEN:
M.V. PARIMALA,
W/O RATHNAKAR RAO B.N,
AGE: 55 YEARS,
SENIOR TELECOM SUPERVISOR,
BHARATH SANCHAR NIGAM LTD.,
SDE., CSS KAVALBYRASANDRA,
R.T NAGAR,
BANGALORE - 560 032.
...PETITIONER
(BY SRI. N SURESHA, ADVOCATE)
AND:
SRI. SRINIVAS NAIDU,
S/O LATE MUNISWAMY,
AGED ABOUT 50 YEARS,
NO.20, PAVITHRA APARTMENTS,
8TH MAIN, 9TH CROSS,
MALLESHWARAM,
BANGALURU - 560 003.
...RESPONDENT
(BY SRI. M.K. VENKATRAMANA, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C., PRAYING
TO SET ASIDE THE ORDER DATED 23.12.2015 IN
CRL.A.NO.1234/2014 ON THE FILE OF LXIV ADDL. CITY CIVIL AND
S.J., BANGALORE IN MODIFYING AND ENHANCING THE QUANTUM
OF SENTENCE PASSED IN C.C.NO.27038/2011 DATED 09.10.2014,
BY 13th ADDL.C.M.M., AT BANGALORE BY ALLOWING THIS R.P.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:8656
CRL.RP No. 180 of 2016
C/W CRL.RP No. 269 of 2016
ORDER
The Trial Court convicted the petitioner-accused for the
offence punishable under Section 138 of the Negotiable
Instruments Act, 1881 ('the NI Act' for short), and was
sentenced to pay a fine of Rs.3,05,000/-. In default of payment
of fine amount, the accused was to undergo simple
imprisonment for a period of six months. Being aggrieved by
the judgment of conviction, the accused filed an appeal and so
also the complainant for enhancement of compensation
amount. The Appellate Court by impugned Judgment and Order
confirmed the judgment of conviction and enhanced the
compensation amount from Rs.3,05,000/- to Rs.6 Lakhs. Being
aggrieved, the petitioner-accused is before this Court.
2. The Parties are present. They have filed an
application for compounding of the offence punishable under
Section 147 of the NI Act, stating that the parties have
amicably resolved the dispute among themselves and in terms
of the settlement, the accused has paid a sum of Rs.4,50,000/-
towards full and final settlement claim of the complainant, the
receipt of which is duly acknowledged by the complainant.
3. The complainant has no objection for quashing the
impugned judgment of conviction and sentence.
4. In view of settlement arrived between the parties,
the impugned judgment of conviction and order of sentence
requires to be quashed. Accordingly, I pass the following:
NC: 2024:KHC:8656
ORDER
(i) Criminal petitions are allowed.
(ii) The impugned Judgment and Order dated
09.10.2014 passed by the XIII Additional Chief
Metropolitan Magistrate, Bengaluru in
C.C.No.27038/2011 and the impugned
Judgment and Order dated 23.12.2015 passed
by the LXIV Additional City Civil & Sessions
Judge (CCH-65) at Bengaluru in
Crl.A.No.1234/2014 and Crl.A.No.1216/2014,
are hereby quashed.
(iii) The petitioner-accused is acquitted of the
offence punishable under Section 138 of the NI
Act.
(iv) In view of disposal of main petitions,
I.As., if any, do not survive for consideration
and the same stand disposed of.
Sd/-
JUDGE
CP
CT:SNN
