IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.856/2018 Between:
P. Nalina W/o Satish C/o. Puttaswamy Gowda Aged about 35 years 2nd Cross, N.S. Badavane Malavalli – 571 430. ...Petitioner (By Smt. Archana Murthy P, Adv.,) And:
H. M. Prabhakar S/o H. Mallappa Aged about 46 years #790, 13th Cross Chamundeshwari Nagar Mandya – 571 401. ... Respondent (By Sri K.C. Shantakumar, Adv. for Sri L. Raja, Advocate ) This Criminal Revision Petition is filed under Section 397(1) r/w 401 of Cr.P.C., praying to set aside the judgment and order of the IV Additional District and Sessions Judge Mandya, dated 24.02.2018 in Crl. A No.2/2018 in so far as giving liberty to respondent to recover the entire amount of Rs.5,20,000/- in case if the petitioner fails to pay the settlement amount and also the judgment and order of the Principal Civil Judge and JMFC, Mandya, dated 05.01.2018 in C.C. No.143/2016.
This Criminal Revision Petition coming on for Admission, this day, the Court made the following:
ORDER The accused-petitioner Smt. P. Nalina and the respondent-complainant Sri H.M. Prabhakar are present before the Court along with their counsel.
2. Today, they have filed an application under Section 147 of Negotiable Instruments Act, 1881 (‘the Act’ for short) compounding the offence. The said application has been signed by both the petitioner- accused and respondent-complainant and the same has been endorsed by both the counsel. In the said petition, they have agreed to settle the matter amicably for a sum of Rs.3,55,000/- (Rupees Three Lakhs Fifty Five Thousand Only) as full and final settlement.
3. It is stated that already an amount of Rs.15,000/- has been paid by cash and an amount of Rs.1,00,000/- is in deposit before the Principal Civil Judge and JMFC, Mandya. Today, now, accused is paying Rs.80,000/- by cash. The respondent- complainant accepted and acknowledges the receipt of Rs.80,000/- from the accused-petitioner. The respondent-complainant submits that he has no objection to allow the petition and to acquit the accused for the alleged offence. The said compromise entered into between the parties is voluntary and there is no force as agreed. Hence, I pass the following:-
ORDER The judgment and order of conviction and sentence passed against the accused by the Principal Civil Judge and JMFC, Mandya in C.C.No.143/2016 dated 05.01.2018 which is confirmed in Crl.A No.2/2018 passed on 24.03.2018 by IV Additional District and Sessions Judge, Mandya are set aside and the petitioner-accused is hereby acquitted of the offence leveled against her under Section 138 of the Act.
The respondent-complainant is permitted to withdraw the amount in deposit before the Court below to the extent of Rs.1,60,000/- on proper identification and acknowledgment.
In terms of the compromise, the Criminal Revision Petition is disposed off.
Sd/- JUDGE nms