Karnataka High Court
Smt Sumithra D vs M/S Shriram Transport on 10 November, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC:45530
CRL.RP No. 834 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 834 OF 2019
BETWEEN:
SMT SUMITHRA D.,
W/O DEENADAYALU,
AGED ABOUT 49 YEARS,
R/AT NO.117/7G, 8TH STREET,
JOGUPALYA, ULSOOR,
BENGALURU - 560 085.
...PETITIONER
(BY SRI KOMAL KUMAR C.B., ADVOCATE)
AND:
M/S SHRIRAM TRANSPORT
FINANCE CO.LTD.,
NO.123, ANGAPPA NAICKEN STREET
CHENNAI, REP. BY ITS GPA HOLDER
SRI ANGABHUSHANA M C.,
Digitally signed by S/O CHIKKARANGAIAH,
ANUSHA V LEGAL EXECUTIVE,
Location: High AGED ABOUT 39 YEARS,
Court of Karnataka R/AT NO.29/A, II FLOOR,
K H ROAD, BENGALURU - 560 027.
...RESPONDENT
(BY SRI M.J.ALVA, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER
DATED 13.06.2019 PASSED BY THE HON'BLE COURT OF LXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU
(CCH:65) IN CRL.A.NO.1212/2015 AND FURTHER SET ASIDE THE
ORDER DATED 01.09.2015 PASSED BY THE HON'BLE COURT OF XXI
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CRL.RP No. 834 of 2019
HC-KAR
ACMM AT BANGALORE IN C.C.NO.37134/2011 AND DISMISS THE
COMPLAINT OF THE RESPONDENT/COMPLAINANT BY ALLOWING THE
CRIMINAL REVISION PETITION.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging judgment dated 13.06.2019 passed by LXIV
Addl. City Civil & Sessions Judge, Bengaluru (CCH-65) in
Crl.A.no.1212/2015 confirming judgment of conviction and
order of sentence dated 01.09.2015 passed by XXI ACMM,
Bengaluru, in C.C.no.37134 /2011, this revision petition is filed.
2. Learned counsel for parties jointly submitted that
during pendency of revision petition, parties have entered into
settlement to settle matter for fine amount as ordered by trial
Court. It is stated that a sum of Rs.1,50,000/- was deposited
by petitioner on 14.10.2025 and Rs.60,000/- on 29.08.2019
before trial Court and balance amount of Rs.2,10,000/-is paid
by way of Demand Draft bearing no.134601 drawn on Bank of
Baroda, Venkatagirikote Branch, Bengaluru Rural and handed
over same to complainant in Court today. It is agreed between
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parties that complainant would be entitled to withdraw amount
in deposit.
3. Terms of settlement, reads as under:
"APPLICATION UNDER SECTION 147 OF THE NEGOTIABLE
INSTRUMENTS ACT R/W SECTION 482 OF THE CRIMINAL
PROCEDURE CODE
The petitioner and respondent herein humbly submit as
follows:
1. The respondent herein initiated criminal
proceedings against revision petitioner for the offence
punishable under Section 138 of Negotiable
Instruments Act, which came to be convicted/awarded
by judgment dated 01.09.2015. The revision petitioner
herein filed appeal against the said judgment viz
Crl.App.No.1212/2015, as per order passed by
appellate court, the petitioner herein deposited
Rs.1,50,000/- before trial court on 14.10.2015 vide
Receipt no.0293205, through D.D.no.336093, the
appeal filed by petitioner came to be dismissed by
judgment dated 13.06.2019, thereby confirming the
judgment passed by the trial court.
2. Being aggrieved by the said judgments, the
revision petitioner herein approached this Hon'ble court
by filing the above revision petition, as per order of this
Hon'ble court the petitioner deposited another
Rs.60,000/- before trial court by way of D.D. bearing
no.134601, dated 29.08.2019, in compliance of order
passed by this Hon'ble court to deposit 50% of fine
amount inclusive of the amount which had already
deposited.
3. Today the petitioner handed-over to the respondent
D.D for Rs.2,10,000/-, bearing no.182075, drawn on
Bank of Baroda, Venkatagirikote Branch, Bengaluru
Rural.
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4. The petitioner and respondent have settled dispute
amicably the petitioner herein cleared the entire fine
amount.
Wherefore, the petitioner and the respondent
herein humbly pray that this Hon'ble Court be pleased
to pass an order to compound the offenses punishable
under Section 138 of Negotiable Instruments Act and
to pass such other orders as this Hon'ble Court deems
fit to pass, in the interest of Justice and Equity."
4. Perused terms of settlement. Same is taken on
record.
5. Petitioner and Sri Prashantha C, General Power of
Attorney Holder of respondent are present and identified by
their respective counsel. On interaction, they have stated that
terms of settlement 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.
6. In view of terms of settlement, this Criminal Revision
Petition is disposed of; judgments dated 13.06.2019 passed by
LXIV Addl. City Civil & Sessions Judge, Bengaluru (CCH-65) in
Crl.A.no.1212/2015 confirming judgment of conviction and
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HC-KAR
order of sentence dated 01.09.2015 passed by XXI ACMM,
Bengaluru, in C.C.no.37134 /2011, are set aside.
Sd/-
(RAVI V HOSMANI)
JUDGE
Psg*
