Mamatha Makkala Mandira vs Icici Bank Ltd
2024 Latest Caselaw 27824 Kant

Karnataka High Court

Mamatha Makkala Mandira vs Icici Bank Ltd on 20 November, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                   NC: 2024:KHC:47193
                                               CRL.RP No. 745 of 2022




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                   BEFORE
                   THE HON'BLE MR JUSTICE V SRISHANANDA
               CRIMINAL REVISION PETITION NO. 745 OF 2022
            BETWEEN:

            MAMATHA MAKKALA MANDIRA,
            R/AT NO.2, BDA ROAD,
            NAGARABHAVI 1ST PHASE,
            MUNSHWARA TEMPLE ROAD,
            BENGALURU - 560 072,
            REPT. BY ITS SECRETARY,
            SRI. B.M. DODDAIAH.
                                                         ...PETITIONER
            (BY SRI. SHIVASHANKAR K, ADVOCATE)
            AND:

            ICICI BANK LTD.,
            EAST WING, MYTHREE CENTER,
            NO.4/101, HOSUR ROAD,
            BOMMNAHALLI, BENGALURU- 560 068,
Digitally   REPT. BY ITS ASST. MANAGER,
signed by   SRI. SHAKSHI GANDHI.
MALATESH
KC                                               ...RESPONDENT
          (BY SMT. SREEDEVI K.B, ADVOCATE FOR
Location:     SRI. PATIL J.M, ADVOCATE)
HIGH
COURT OF
KARNATAKA      THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
            PRAYING TO SET ASIDE THE ORDER PASSED BY THE 42nd
            ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU
            (CCH-53) IN CRL.A.NO.1395/2015 DISMISSED THE APPEAL BY
            ITS ORDER DATED 09.02.2022 AND FURTHER TO SET ASIDE
            THE ORDER PASSED BY THE 26th ADDITIONAL CHIEF
            METROPOLITAN MAGISTRATE COURT AT BENGALURU IN
            C.C.NO.16527/2010 DATED 08.10.2015 BY ALLOWING THE
            ABOVE CRIMINAL PETITION.
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                                               NC: 2024:KHC:47193
                                          CRL.RP No. 745 of 2022




    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                          ORAL ORDER

Joint memo is filed, signed by the parties and their

respective Advocates. Joint memo reads as under:

"The complainant has filed the complaint under Section 138 of the Negotiable Instrument Act. The applicant/accused herein had appeared and contested the matter, thereafter the trial court had convicted 'ne accused and passed an order to sentence to pay fine of Rs. 22,50,000/- by its judgment dated 08/10/2015. The cheque amount is Rs. 18,00,000/-.

Being aggrieved by the said judgment passed by the court of the Hon'ble 26th ACJM at Bengaluru City in C. C.No. 16527/2010, the petitioner/accused herein has preferred the appeal before the Hon'ble City Civil and Sessions Judge, Bengaluru (CCH-53) in Criminal Appeal No.395/2015 and the Appellate court has confirmed the order of the trial court. Being aggrieved by the order of the courts below, the accused has preferred this Criminal Revision Petition. In the Revision petition the accused has deposited some amount and cheque the remaining amount is ready to pay within 6 months from the date of this joint memo. In view of same, the Hon'ble court may be pleased to dispose of the above Criminal Revision Petition, in the interest of justice and equity."

Placing the joint memo on record, revision petition stands

disposed of.

However, it is made clear that if the amount is not paid as

agreed in the joint memo, order of the learned Trial Magistrate

NC: 2024:KHC:47193

confirmed by the First Appellate Court stands restored

automatically.

If the amount of compensation as agreed in the joint

memo is paid, fine amount in a sum of Rs.50,000/- towards

defraying expenses of the State stands set aside.

Sd/-

(V SRISHANANDA) JUDGE

KAV

CT: BHK