Karnataka High Court
Smt G S Geetha vs Sri Somashekara Reddy on 12 March, 2025
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CRL.RP No. 284 of 2023
C/W CRL.RP No. 338 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO. 284 OF 2023
(397(Cr.PC) / 438(BNSS))
C/W
CRIMINAL REVISION PETITION NO. 338 OF 2023
IN CRL.RP No. 284/2023
BETWEEN:
SMT G S GEETHA
W/O RAMESH
AGED ABOUT 49 YEARS
PROPRIETOR OF SRI SAI SOLAR TECHNOLOGIES
NO.125, KHB COLONY
BEHIND GOVERNMENT MEDICAL HOSPITAL
GUDIBANDE,
CHIKKABALLAPURA DISTRICT-561209
...PETITIONER
Digitally
signed by (BY SRI. MURALI M, ADVOCATE)
REKHA R
Location: AND:
High Court of
Karnataka
SRI SOMASHEKARA REDDY
S/O LATE RAMAREDDY
AGED ABOUT 47 YEARS
PROPRIETOR OF SUNLIGHT SOLAR TECHNOLOGIES
SHOP NO.6, RAGHAVENDRA SWAMY
TEMPLE COMPLEX
BAGEPALLI TOWN, BAGEPALLI TALUK
CHIKKABALLAPURA, BEHIND GOVERNMENT
R/AT IVARAPALLI VILLAGE
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CRL.RP No. 284 of 2023
C/W CRL.RP No. 338 of 2023
YALAMALAPALLI POST, BAGEPALLI TALUK
CHIKKABALLAPURA DISTRICT-561209
...RESPONDENT
(BY SRI.ADINARAYAN, ADVOCATE)
THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER DATED 26.12.2022, PASSED IN
CRL.APPEAL NO.66/2021, ON THE FILE OF III ADDITIONAL
DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA AND
ORDER OF CONVICTION AND SENTENCE DATED 08.11.2021
PASSED IN C.C.NO.577/2013, ON THE FILE OF CIVIL JUDGE
AND JMFC, BAGEPALLI, AND CONSEQUENTLY ACQUIT THE
PETITIONER FOR THE OFFENCES P/U/S 138 OF N.I. ACT.
IN CRL.RP NO. 338/2023
BETWEEN:
SMT G S GEETHA
W/O RAMESH
AGED ABOUT 49 YEARS
PROPRIETOR OF SRI SAI SOLAR TECHNOLOGIES
NO.125, KHB COLONY
BEHIND GOVERNMENT MEDICAL HOSPITAL
GUDIBANDE, CHIKKABALLAPURA DISTRICT-561209
...PETITIONER
(BY SRI. MURALI M, ADVOCATE)
AND:
SRI SOMASHEKARA REDDY
S/O LATE RAMAREDDY
AGED ABOUT 47 YEARS
PROPRIETOR OF SUNLIGHT SOLAR TECHNOLOGIES
SHOP NO.6, RAGHAVENDRA SWAMY
TEMPLE COMPLEX
BAGEPALLI TOWN, BAGEPALLI TALUK
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CRL.RP No. 284 of 2023
C/W CRL.RP No. 338 of 2023
CHIKKABALLAPURA, BEHIND GOVERNMENT
R/AT IVARAPALLI VILLAGE
YALAMALAPALLI POST, BAGEPALLI TALUK
CHIKKABALLAPURA DISTRICT-561209
...RESPONDENT
(BY SRI.ADINARAYAN, ADVOCATE)
THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C BY
THE ADVOCATE FOR THE PETITIONER PRAYING TO SET
ASIDE THE ORDER DATED 26.12.2022, PASSED IN
CRL.APPEAL NO.4/2022, ON THE FILE OF III ADDITIONAL
DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA.
THESE PETITIONS, COMING ON FOR FINAL HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS JUSTICE J.M.KHAZI
ORAL COMMON ORDER
These petitions are filed by the accused challenging
her conviction and sentence for the offence punishable
under Section 138 of N.I. Act, imposed by the trial Court,
which came to be confirmed by the First Appellate Court
by dismissing the appeals filed by her.
2. Crl.RP.No.284/2023 and Crl.RP.No.338/2023
are arising out of judgment and order in C.C.No.577/2013.
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CRL.RP No. 284 of 2023
C/W CRL.RP No. 338 of 2023
3. A joint memo is filed duly signed by both
parties and their respective counsel reporting settlement.
The terms of settlement are as under:
"1) It is submitted that being aggrieved by the order
of conviction dated 8-11-2021, passed in CC
No.577/2013, and order of dismissal in Crl. Appeal
No.66/2021, the petitioner filed above revision
petition in Crl.R.P.No.284/2023 and being aggrieved
by the order of enhancement dated 26-12-2022,
passed in Crl.A.No.4/2022, the petitioner filed
Crl.R.P.No.338/2023 and both are arising out of
judgment passed in CC No.577/2013, between same
parties.
2) It is submitted that, as per the advice of elders
and well wishers, the petitioner and accused have
amicably settled the matter outside the court and as
per settlement, the petitioner herein agreed to pay a
total sum of Rs.3,97,000/- as against the cheque
amount of Rs.1,79,000/- and also as per conviction
judgment passed in CC No.577/2013, subsequently
which is enhanced in Crl.A.No.4/2023 and the
respondent agreed to receive the same as full and
final settlement amount from petitioner.
3) It is submitted that, as per settlement the
petitioner paid amount as hereunder:
a) A sum of Rs.38,800/- (Deposited by
petitioner was withdrawn by respondent on
5-1-2022, before trial court in
CC No.577/2013)
b) A sum of Rs.58,200/- (Deposited by
petitioner was Withdrawn by respondent on
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CRL.RP No. 284 of 2023
C/W CRL.RP No. 338 of 2023
3-5-2023, before trial court in
CC No.577/2013)
c) A sum of Rs.3,00,000/- paid by way of
NEFT transfer on 22-1-2025 to the bank
account of Somashekar Reddy, vide UTR
No.CNRBR52025012298111339.
4) It is submitted that, the petitioner paid entire
settled amount to respondent as stated above and
respondent acknowledges the above said amounts
and there is no arrears or balance to be paid by
petitioner to respondent, in view of judgment passed
in CC No.577/2013 and judgment passed in Crl.A.
No.4/2022.
5) It is submitted that there is no coercion or
influence in entering to this settlement and filing of
joint memo and further in view of settlement
between the parties, the fine amount imposed by
trial court may be waived up, since no state
machinery are involved in the proceedings and
litigation between private parties.
Wherefore, the petitioner and respondent prays
that, this Hon'ble Court may be pleased to record the
settlement as per joint memo and set aside the order
of conviction & sentence passed in CC No.577/2013,
dated 8-11-2021 passed by learned Principal Civil
Judge & JMFC, Bagepalli and also judgment/order
passed in Crl.A.No.4/2022, dated 26-12-2022,
passed by learned 3rd Additional District and Sessions
Judge, Chikkaballapura and consequently acquit the
petitioner/accused for the offences punishable Under
Section 138 of N.I. Act, in CC No.577/2013, in the
interest of justice."
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CRL.RP No. 284 of 2023
C/W CRL.RP No. 338 of 2023
4. The terms and conditions of the compromise
are legal and equitable. Placing the joint memo on record,
the revision petition stand disposed of in terms thereof.
5. In the light of the settlement entered into
between the parties, the following:
ORDER
i. The petition is allowed.
ii. The impugned judgment and order dated
08.11.2021 in C.C.No.577/2013 on the file
of Civil Judge and JMFC, Bagepalli, and
judgment and order dated 26.12.2022 in
Crl.A.No.66/2021 and 4/2022 on the file of
III Addl.District and Sessions Judge,
Chikkaballapura, are set aside.
iii. The petitioner/accused is acquitted for the
offence punishable under Section 138 of
N.I Act.
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iv. If the entire amount as agreed in the joint
memo is paid, fine amount imposed by the
trial Court, which is confirmed by the First
Appellate Court to the extent of Rs.5,000/-
towards defraying expenses of the State is
hereby set aside.
iv. The Registry is directed to send back the
trial Court as well as Sessions Court
records along with copy of this order
forthwith.
Sd/-
(J.M.KHAZI)
JUDGE
RR
