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.716 OF 2018 Between:
Smt. Lingamma, W/o Dyavappa, Aged about 68 years, R/o Belalamakki Extension, Gandhi Nagar, Sagar-577 401.
Simoga District. … Petitioner (By Sri. Bimbadhar M.Gowdar, Advocate) And:
Sri M.E. Shivakumar S/o Eshwara Naik, Aged 37 years, R/o.Mandikoppa Village, Mahishi Post, Thirthahalli Taluk-577 432, Shimoga District. ...Respondent (By Sri. Gangadhara D.C., Advocate) This Criminal Revision Petition is filed under Section 397 read with Section 401 of Criminal Procedure Code praying to set aside the judgment dated 15.11.2017 passed by the Principal Civil Judge and J.M.F.C., Sagar in C.C.No.100/2013 and judgment dated 31.01.2018 passed by the V Additional District and Sessions Judge, Shimoga sitting at Sagar in Crl.A.No.10033/2017 confirming the sentence of conviction and acquit the Petitioner/accused for the offence punishable under Section 138 of Negotiable Instrument Act.
This Criminal Revision Petition coming on for Orders, this day, the Court made the following:
O R D E R Sri D.C.Gangadhar, learned counsel, files power to respondent-complainant. Registry is directed to print the name of learned counsel for respondent.
2. Learned counsels appearing for the parties, at this juncture, have filed a joint Memo reporting the settlement and they have also filed an application under Section 147 of Negotiable Instrument Act permitting them to compound the offences.
3. Petitioner/accused Smt. Lingamma W/o Dyavappa and the respondent/complainant Sri. M.V.Shivakumar S/o Eshwara Naik are present.
4. They submit that they have entered into compromise and by virtue of the said compromise they have already received a sum of Rs.40,000/- and today an amount of Rs.40,000/-has been received by him vide Demand Draft bearing No.688415 drawn on Canara Bank, Sagar Branch and he has no objection to compound the offence and acquit the accused for the charges leveled against him.
5. The said joint Memo is also signed by both the parties along with the learned counsels appearing for the parties. The said application is taken on record and the matter is reported to be settled out of court in terms entered. In view of the settlement, an amount of Rs.80,000/-, which was due has been received by the respondent/complainant and he has no objection to acquit the accused.
6. In the light of the said compromise, the petition is allowed accordingly. The conviction and the order of sentence passed by Principal Civil Judge and J.M.F.C. in C.C.No.100/2013 dated 15.11.2017 and the confirmation order in Cr.Appeal No.10033/2017 dated 31.01.2018 passed by V Additional District and Sessions Judge, Shivamogga are set aside and accused/petitioner is acquitted of the charges leveled against her.
Sd/- JUDGE DS/-