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Smt Savitha vs Smt Leelavathi P B
2025 Latest Caselaw 10482 Kant

Citation : 2025 Latest Caselaw 10482 Kant
Judgement Date : 20 November, 2025

Karnataka High Court

Smt Savitha vs Smt Leelavathi P B on 20 November, 2025

Author: Ravi V Hosmani
Bench: Ravi V Hosmani
                                            -1-
                                                         NC: 2025:KHC:47984
                                                      CRL.RP No. 89 of 2024


                  HC-KAR



                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 20TH DAY OF NOVEMBER, 2025
                                          BEFORE
                           THE HON'BLE MR. JUSTICE RAVI V HOSMANI
                       CRIMINAL REVISION PETITION NO. 89 OF 2024
                 BETWEEN:
                       SMT. SAVITHA,
                       AGED 47 YEARS,
                       W/O DEEPU,
                       WORK AS CONDUCTOR,
                       BMTC II DEPOT, TOKEN NO 8617
                       SHANTHINAGAR,
                       BANGALORE 560 027.

                                                              ...PETITIONER
                 (BY SRI G.V. DAYANANDA, ADVOCATE)
                 AND:
                       SMT. LEELAVATHI P B.,
                       AGED 48 YEARS,
                       D/O BOREGOWDA,
                       37/B, 7TH CROSS, AZADNAGAR,
                       BANGALORE 560 018.
Digitally signed by    AND ALSO WORKING AS A CONDUCTOR
GEETHAKUMARI
PARLATTAYA S           BMTC, 2ND DEPOT, T.NO.9108,
Location: High         SHANTINAGAR,
Court of Karnataka     BENGALURU - 560 027.
                                                             ...RESPONDENT
                 (BY SRI MOHAN V.K., 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 OF CONVICTION DATED 16.09.2021
                 MADE IN C.C.NO.23222/2018 BY THE COURT OF XX A.C.M.M
                 AT BENGALURU AND THE ORDER OF DISMISSED FOR DEFAULT
                 DATED 10.10.2023 MADE IN CRL.A.NO.722/2021 BY THE
                 COURT OF LXVII ADDL.CITY CIVIL AND SESSIONS COURT AT
                 BENGALURU.
                                -2-
                                              NC: 2025:KHC:47984
                                          CRL.RP No. 89 of 2024


HC-KAR




    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

                         ORAL ORDER

Challenging judgment dated 10.10.2023 passed by LXVII

Addl. City Civil & Sessions Judge, Bengaluru (CCH-68) in

Crl.A.no.722/2021 confirming judgment of conviction and order

of sentence dated 16.09.2021 passed by XX ACMM, Bengaluru,

in C.C.no.23222/2018, this revision petition is filed.

2. Learned counsel for parties jointly submitted that

during pendency of revision petition, parties have settled

matter for Rs.2,80,000/- in final and full settlement of

respondent's claim under cheque in question. It is further

stated that a sum of Rs.64,000/- on 24.12.2021, Rs.96,000/-

on 20.01.2025 and Demand draft dated 27.10.2025 for

Rs.1,00,000/-were deposited before trial Court and balance of

Rs.20,000/- would be paid on or before 29.11.2025. It is also

agreed between parties in case of failure to pay balance

amount, petitioner would be liable to pay Rs.40,000/- to

NC: 2025:KHC:47984

HC-KAR

respondent. A joint memo to that effect is filed today. Terms of

which reads as under:

"JOINT MEMO

On the advise of well wishers of both the parties before this Hon'ble Court settled for a sum of Rs.2,80,000/- Rs.Two Lakhs Eighty Thousand only.

The petitioner already deposited before XX ACMM, Bangalore in CC No.23222/2018 i.e., Rs.64,000/- on 24.12.2021, Rs.96,000/- on 20.01.2025, Rs.1,00,000/- D.D. 27.10.2025 Balance of Rs.20,000/- to be deposited as on before 29.11.2025, failing which Rs.40,000/- Rupees Forty Thousand to be paid by petitioner to the respondent."

4. Perused terms of joint memo. Same is taken on

record.

5. Petitioner and respondent are present and identified

by their respective counsel. On interaction, they have stated

that terms of joint memo were explained to them and after

understanding same, they have affirmed it out of their free will

and volition, without there being any threat, coercion or undue

influence from anybody. Settlement is duly signed by both

parties, whose signatures are identified by their respective

counsel.

NC: 2025:KHC:47984

HC-KAR

6. In view of terms of joint memo, this Criminal Revision

Petition is disposed of; judgments dated 10.10.2023 passed by

LXVII Addl. City Civil & Sessions Judge, Bengaluru (CCH-68) in

Crl.A.no.722/2021 confirming judgment of conviction and order

of sentence dated 16.09.2021 passed by XX ACMM, Bengaluru,

in C.C.no.23222/2018 are set aside.

It is made clear that in case of failure to comply with

terms of joint memo, accused would be liable to pay fine

amount as ordered by trial Court.

Trial Court is directed to release amount in deposit in

favour of respondent-complainant.

Registry to transmit trial Court records back .

Sd/-

(RAVI V HOSMANI) JUDGE

PSG

 
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