IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.RP. NO. 489/2013 BETWEEN MRS. JESSY LAWRENCE, W/O MR. C. T. LAWRENCE, AGED ABOUT 46 YEARS, PROP:M/S LAWRENCE CLOTHING, PRIVATE LIMITED, NO.13, 19TH MAIN, 38TH CROSS, 5TH BLOCK, HBR LAYOUT, BENGALURU-560043 ... PETITIONER (BY SRI. I. M. DEVAIAH., ADV.) AND MR. TONY P. K., S/O LATE P. K. KOCHAPPAN, AGED ABOUT 53 YEARS, FORMER PROP:AMMUR PRECISE, CONSTRUCTION CONSULTANT, R/A MARYS MANSION, NO.18, DODDABOMMASANDRA VIDYARANYAPURA, BENGALURU-560 097 ... RESPONDENT (BY SRI. CLARA GEORGE, ADV.) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE ADDL. S.J., AND P.O., FTC-III, MAYO HALL, BENGALURU IN CRL.A.NO.523/12, DATED:12.2.13 CONFIRMING THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE XIV ADDL.C.M.M., BENGALURU IN C.C.NO.29390/10, DATED:28.07.12.
THIS CRL.RP COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The parties and their counsels are present before the court. Both the counsels have filed a Joint Memo stating that the parties have compromised the matter and compounded the offence punishable u/s.138 of Negotiable Instruments Act.
2. Heard the learned counsel appearing for the parties and perused the records.
3. In view of the facts and circumstances of the case, the learned counsel for the petitioner request the court to exercise power u/s.147 and also u/s.482 of Cr.P.C. to quash the proceedings. The sentence passed by the trial Court has been confirmed by the First Appellate Court.
4. Today, the learned counsel for the petitioner is making payment of Rs.2,25,000/- by way of DD drawn in the name of the respondent/complainant and handed over the same to the counsel appearing for the respondent. The learned counsel for the respondent Smt. Clara George acknowledges the receipt of the DD and submits that she has no objection to quash the proceedings, subject to the condition that the amount which has already been deposited before the trial Court shall also be released.
In view of the compromise entered into between the parties, I pass the following:
ORDER The Revision Petition is allowed. Joint Memo filed by the parties is accepted and the same is taken on record. Consequently, the sentence passed by the trial Court in CC No.29390/2010 dated 28.7.2012 for the offence punishable under section 138 of Negotiable Instruments Act and also the order passed in Criminal Appeal No.523/2012 dated 12.2.2013 by the FTC-III, PO & Addl. Sessions Judge, Mayo Hall Unit, Bengaluru, are hereby quashed.
The accused (petitioner) is acquitted of the charges leveled against her u/s.138 of Negotiable Instruments Act. The bail bond executed by the petitioner and the surety bond executed by the surety if any shall stand cancelled.
The trial Court is hereby directed to release the amount of Rs.2,20,000/- out of Rs.2,25,000/- deposited, in favour of respondent – complainant, on proper identification.
Sd/-
JUDGE PL*