IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.1365 OF 2018 BETWEEN:
Smt. Chandrakala V., W/o. G.C. Gangadhar, Aged about 44 years, R/at No.102, 2nd ‘H’ Main Road, 11th Block, Nagarabhavi II Stage, Bengaluru – 560 043.
Working at Dept. of Tele Communication, Dr. Ambedkar Institute of Technology, Nagarabhavi Road, Mallathahalli Post, Bengaluru – 560 056. …Petitioner (By Sri R.V. Anand, Advocate) AND:
Smt. Kanick Merry, W/o. late J. John, Aged about 52 years, Residing at ‘Nennapu Nilaya’, 8th Cross, Gandhinagara, Mandya City – 57141. ...Respondent (Notice not ordered in R/o respondent) This Criminal Revision Petition is filed under Section 397 R/w 401 of Cr.P.C praying to set aside the judgment and order dated 09.03.2016 in C.C.No.5030/2015 on the file of XXII ACMM, Bengaluru and acquit the petitioner for the offence P/U/S 138 of N.I. Act.
This Criminal Revision Petition coming on for Admission, this day, the Court made the following:
O R D E R Learned counsel for the petitioner has filed a memo dated 21.02.2019 stating that the trial Court sentenced the petitioner to pay fine of Rs.2,000/- and has awarded compensation amount of Rs.1,00,000/- with simple interest @ 6% per annum and against the said order, an appeal was preferred in Criminal Appeal No.438/2016 before the LXV Addl. City Civil and Sessions Judge, Bengaluru and the appellate Court had modified the said sentence by order dated 04.10.2018 and direction was issued to pay a sum of Rs.55,000/- (Rupees Fifty Thousand Only) and out of the said amount, an amount of Rs.50,000/- has to be paid to the respondent-complainant along with 6% interest.
2. It is submitted that the petitioner is ready to deposit the entire amount as per order dated 04.10.2018 of first appellate Court if one month time is granted and also prays to withdraw the petition granting one month time.
3. After hearing learned counsel for the petitioner for sometime, I feel that the petitioner is ready to deposit the entire amount ordered by the appellate Court and wants to withdraw the petition, under the said circumstance, if one month time is granted to deposit the amount with interest as ordered by the appellate Court, it is going to meet the ends of justice.
4. In view of the submission of learned counsel, the petition is disposed of with a direction that within one month from today, the petitioner has to deposit the amount as ordered by LXV Addl. City Civil & Sessions Judge, Bengaluru in Crl.A.No.438/2016 dated 04.10.2018, failing which, the respondent-complainant is at liberty to execute the order of the first appellate Court in accordance with law.
With the above observation, the petition stands disposed of.
In view of disposal of main petition, I.A.No.1/2018 does not survive for consideration. Accordingly, I.A.No.1/2018 is dismissed.
Sd/- JUDGE PN/-