Karnataka High Court
Sri.Rudre Gowda V vs Smt.Dina Prabha on 19 November, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:46949
CRL.RP No. 493 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.493 OF 2022
BETWEEN:
1. SRI.RUDRE GOWDA V
S/O LATE VEERANNA
AGED ABOUT 59 YEARS,
R/AT NO.12, 6TH A MAIN
PUNYABHOOM LAYOUT, KALKERE
BENGALURU -560043
AND ALSO AT
DESIGNATION MTS ADMIN DVN
G.T.R.E., C V RAMAN NAGAR
BENGALURU-560093
...PETITIONER
(BY SRI. AVINASH A P, ADVOCATE)
AND:
1. SMT.DINA PRABHA
W/O S UMESH
Digitally
AGED ABOUT 55 YEARS,
signed by R/AT NO.7, ANURAGHA NILAYA
MALATESH 9TH MAIN, BASAPPA LAYOUT
KC SUDAGUNTEPALYA
Location: BENGALURU-560093
HIGH
COURT OF ...RESPONDENT
KARNATAKA (BY SRI N.SRINIVAS FOR SRI P B RAJU, ADVOCATES)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND
SENTENCE PASSED BY THE LEARNED XXXIII A.C.M.M., BENGALURU
PASSED IN C.C.NO.51808/2019, DATED 11.06.2021 CONVICTING
THE PETITIONER / ACCUSED FOR THE OFFENCE P/U/S 138 OF THE
N.I ACT AND CONFIRMED IN CRL.A.NO.25074/2021, DATED
25.02.2022 AND CONSEQUENTLY AND ACQUIT THE PETITIONER /
ACCUSED, FOR THE OFFENCE P/U/S 138 OF THE N.I ACT.
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NC: 2024:KHC:46949
CRL.RP No. 493 of 2022
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Joint Memo is filed which reads as under:
The Petitioner and Respondent above named most
humbly submit as follows:-
The Respondent has filed the above private
complaint against the accused for the offence under
section 138 of N.I.Act, and at the intervention of the well-
wishers and friends the matter between the parties is
settled amicably and both the parties have agreed to
settle the matter set down hereinafter
1. The matter between the parties is settled
amicably and the accused has agreed to pay the amount
of Rs.4,38,678/-(Rupees Four Lakhs Thirty Eight thousand
Six Hundred and Seventy Eight Only) to the Respondent,
and the petitioner has also agreed to received the said
amount and fashion shown herein below.
a) That the petitioner has no objection to received
the amount of Rs.71,000/- (Rupees Seventy One
Thousand Only) deposited by the petitioner.
b) That the Petitioner shall pay Balance of
Rs.3,67,678.00 (Rupees Three lakhs sixty seven
thousand six hundred seventy eight Only) on or
before 30.1.2025.
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2. Accordingly both petitioner and respondent have
settled the above matter and the accused undertakes
without fail to clear the installments amount to the
respondent.
3. In the event of failure of the petitioner to payment of
the said amount the respondent to take appropriate legal
proceedings against petitioner as per law and also recover
the same as per U/S 421 of Cr.P.C.
4. The Respondent further confirms that there are no
other claims against the petitioner herein and the
respondent shall have right of enforcement of
compromise in any case of breach of condition agreed by
between the parties to this respondent i.e., terms of
payment agreed herein.
5. That the parties submit that there is no force, threat,
or coercion of what so ever in settling the matter and
parties are entering in to this compromise out of their free
will to end the lis after taking legal consultation.
Wherefore the complainant and accused most
humbly Prays that this Hon'ble court be pleased to accept
the Joint Memo in view of the same kindly dispose the
matter, in the interest of Justice."
2. Placing the joint memo on record, revision petition stands
disposed of.
3. However, it is made clear that the joint memo pertains
only to the dispute with regard to the dishonor of cheque in
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question and insofar as civil liability is concerned, respondent is
at liberty to proceed to recover the amount as per the decree of
the Civil Court.
4. It is also made clear that the amount received in this
proceeding shall be given deduction to by the respondent who
is the decree holder, in the intended Execution Petition.
5. If the amount is not paid as agreed in the joint memo,
respondent is at liberty to execute the impugned Order in
accordance with law.
6. The amount in deposit is ordered to be withdrawn by the
complainant under due identification.
7. On payment of entire fine amount as agreed in the joint
memo, fine amount of Rs.5,000/- imposed by the learned Trial
Magistrate confirmed by the learned Judge in the First Appellate
Court towards defraying expenses of the State stands set-
aside.
Sd/-
(V SRISHANANDA)
JUDGE
kcm
