Karnataka High Court
Smt Bhuvaneshwari R vs Smt Pushpa @ Pushpavathi on 19 November, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:46708
CRL.RP No. 466 of 2017
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. 466 OF 2017
Between:
Smt. Bhuvaneshwari R,
W/o K.Ranganath,
Aged 52 years,
R/at No.264,
4th Cross, Mathikere,
Bengaluru-560 054.
...Petitioner
(By Sri A John Bosco, Advocate)
And:
Smt. Pushpa @ Pushpavathi
W/o Ramesh,
Aged about 38 years,
R/at No.230, 1st Floor,
Digitally 4th Cross, HMT Layout,
signed by Bengaluru-560 054.
MALATESH ...Respondent
KC (By Sri C.R.Venkatesh, Advocate)
Location:
HIGH This Crl.RP is filed u/s. 397 Cr.P.C praying to set aside
COURT OF
KARNATAKA the judgment and order dated 17.02.2017 passed in
Crl.A.No.326/2016 by the learned LXII Additional City Civil and
Sessions Judge (CCH-63), Bengaluru in confirming the lower
court order dated 22.02.2016 passed by the XVIII A.C.M.M.,
Bengaluru in C.C.No.32036/2014 for the offences p/u/s 138 of
N.I.Act, 1881.
This Crl.RP, coming on for hearing, this day, order was
made therein as under:
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NC: 2024:KHC:46708
CRL.RP No. 466 of 2017
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Both parties present with their respective
counsel.
2. Joint memo is filed signed by revision
petitioner, respondent and their respective
Advocates. Joint memo reads as under:
"The Petitioner Complainant/ and Respondent/
Accused above named beg to submit as follows:
1. It is submits that, the Hon'ble Trial Court
convicted the Respondent in
C.C.No.32036/2014 Vide Order dated
22.2.2016, the Respondent/Accused has
convicted Under Section 138 of N.I.Act. The
Respondent/Accused is sentenced to pay fine of
Rs.5,20,000/- And in default shall undergo
simple Imprisonment for one year the order
passed by the XVIII ADDL. C.Μ.Μ. at Bangalore.
The Respondent/Accused being aggrieved by
the Judgment of Conviction, the
Respondent/Accused filed Appeal before the
LXII Addl. City Civil & Sessions Judge, (CCH-63)
at Bangalore in Crl.Appeal in No.326/2016 &
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the Learned Appellant Court Acquitted the
Respondent/Accused Vide Judgment and Order
dated 17.2.2017. The Petitioner challenged the
Appellate Court Order and Judgment before this
Hon'ble Court.
2. It is submits that, after filing of the above
Crl. Rev. Petition, the Petitioner and the
Respondent are settled the dispute amicably
with the intervention of Well-wishers, Elders
and Family Members, Friends of both the
parties. The Petitioner / Accused has agreed to
pay the amount for a sum of Rs.2,00,000/-
(Rupees Two lakhs only) by way of Two
installments as final settlement. The Petitioner/
Complainant agreed the same.
i) 1 s t installment on 20.12.2024 Rs.1,00,000/-
ii) 2 n d installment on 20.01.2025 Rs.1,00,000/-
3. That the Petitioner state that since the
matter was compromised the Respondent may
be acquitted in the Trial Court case in C.C.No.
32036/2014 with the Directions of this Hon'ble
Court.
WHEREFORE, the Petitioner and
Respondent most respectfully prays that this
Hon'ble Court may be pleased to accept the
above Joint Memo and pass necessary Orders
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in accordance with Law, in the interest of
Justice."
3. Placing the joint memo on record, revision
petition stands disposed of.
4. After payment of the entire compensation
amount as prayed in the joint memo, the sum of
Rs.20,000/- imposed by the learned Trial
Magistrate towards defraying expenses of the State
is hereby set aside.
5. It is made clear that if the amount as
agreed in the joint memo is not paid by the
respondent/accused, the order of the learned Trial
Magistrate stands restored automatically.
Sd/-
(V SRISHANANDA)
JUDGE
KMV
