Learned counsel for the petitioner files a memo. The
It is submitted that the Revision Petitioner and the
respondent have amicably settled the matter and the
respondent may be permitted to withdraw the amount
deposited in the trial Court by the petitioner. Hence,
the criminal revision petition may be allowed in terms
of the joint memo.
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Learned counsel for the respondent has filed memo in
Crl.R.P.No.1517/2016. The memo reads thus:
"1.That the above Criminal Revision Petition is filed
assailing the order dated 28.10.2016 passed in Criminal
Appeal No.270/2014 on the file of the Sessions Judge,
Dakshina Kannada, Manglauru confirming the judgment
of conviction and order of sentence dated 28.10.2014
passed in C.C.No.236/2014 on the file of JMFC (IV
Court), Mangaluru.
2. It is submitted that the Revision Petitioner is
guaranter to her husband Suresh Rai who had availed
chit amount of Rs.5,00,000/- in Chit Group
No.G2H/0394/KDM/10 from the respondent and also her
husband Suresh, who is the Revision Petitioner in
Criminal Revision Petition No.1516/2016 had availed chit
amount of Rs.5,00,000/- in Chit Group
No.G2H/0394/KDM/11 from the respondent. It is
further submitted that alleging that the Revision
Petitioner has not repaid the chit amount, the
respondent initiated proceedings under Section 138 of
the N.I.Act before the JMFC (IV Court), Mangalore in
C.C.No.236/2014 for Rs.6,20,270/- It is submitted that
during the pendency of the proceedings before the
learned Magistrate, the Revision Petitioner has paid sum
of Rs.1,45,977/-. The learned Magistrate by judgment
dated 28.10.2014 convicted the Revision Petitioner for
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the offence punishable under Section 138 of N.I.Act and
sentenced her to pay a fine of Rs.4,76,747/-.
3. It is further submitted that challenging the judgment
of conviction and order of sentence, the Revision
Petitioner preferred Criminal Appeal No.270/2014 on the
file of the IV Additional District and Sessions Judge,
Mangalore, Dakshina Kannada. It is further submitted
that during the pendency of the said Criminal Appeal,
the Revision Petitioner herein has deposited a sum of
Rs.1,43,024/- before the trial Court. Thereafter, the
Sessions Judge passed an order dated 28.10.2016
dismissing the Criminal Appeal and confirming the
judgment of conviction and sentence passed by the
learned Magistrate.
4. Challenging the order dated 28.10.2016 passed by
the learned Sessions Judge and the judgment and order
of sentence dated 28.10.2014 passed by the learned
Magistrate, the Revision Petitioner has preferred the
present Revision Petition. It is submitted that
subsequently, pursuant to the order passed by this
Hon'ble Court, the Revision Petitioner has deposited a
sum of Rs.21,300/- before the trial Court.
5. It is further submitted that during the pendency of
the above Criminal Revision Petition, the parties have
decided to settle the dispute amicably relating to both
the cases for a total sum of Rs.7,50,000/- and out of the
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aforesaid settlement amount, the Revision Petition has
already paid a sum of Rs.4,00,000/- to the respondent.
It is further submitted that the Revision Petitioner has
deposited a total sum of 1,64,324/- during the pendency
of the case has to be paid to the Respondent and
Respondent has issued a letter dated 09.04.2025 to that
effect. Balance amount of Rs.7,500/- is paid to the
respondent on 19.06.2025. Copy of the letter dated
09.04.2025 is produced herewith for the kind perusal of
this Hon'ble Court.
6. It is further agreed between the parties that the
respondent is at liberty to withdraw the amount in
deposit made by the Revision Petitioner and the
petitioner in the connected case pursuant to the order
passed by the learned Sessions Judge in Criminal Appeal
No.270/2014 and also pursuant to the order passed by
this Hon'ble Court in the instant Revision Petition and
adjust the same to the chit amount and close the chit
account relating to the Revision Petitioner and her
husband Suresh Rai B. In view of the payment of the
aforesaid sum towards the chit account maintained by
the Revision Petitioner with the respondent, the order of
conviction and sentence may kindly be set aside.
In view of the settlement arrived at between the
parties in the above proceedings, the Revision
Petitioners and the respondent respectfully pray that
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this Hon'ble Court may kindly be pleased to allow the
Revision Petition by setting aside the judgment of
conviction and order of sentence dated 28.10.2014
passed in C.C.No.236/2014 on the file of JMFC, (IV
Court), Mangaluru and grant such other and further
reliefs as this Hon'ble Court deems fit and proper under
the facts and circumstances of the case, in the interest
of justice and equity."
In view of the said memos, the revision petitions are
dismissed as settled.
The amount in deposit, deposited by the petitioner is
ordered to be released to the respondent-complainant. The
respondent-complainant shall furnish the bank account details
so as to enable the trial Court to transfer the amount in
deposit to the account of respondent- complainant.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
