IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MAY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL REVISION PETITION NO.1209 OF 2018 BETWEEN:
Smt. Shylaja A., Aged about 51 years, W/o Sri. Rathnakar, Residing at ‘Harsha Nilaya’, Ballagere Road, Varthur Village and Post, Bengaluru East Taluk, Bengaluru – 560 087.
…Petitioner (By Sri. Arunkumar B.M., Advocate for Sri. Ravi L. Vaidya, Advocate) AND:
Smt. Umashanthi, Aged about 50 years, W/o Sri. Maheshkumar Reddy, Residing at: OAK – 501, ‘B’ Wing, Godrej – Woodmen Apartments, B. B. Road, Bengaluru – 560 024.
..Respondent (By Sri. G. H. Nagaraj, HCGP) This Criminal Revision Petition is filed under Section 397 read with Section 401 of Cr.P.C. praying to (a) set aside the Judgment of Conviction and Sentence dated 30.01.2016 passed in the said C.C.No.8715/2013 and C.C.No.8716/2013 on the file of the Court of the XVIII ACMM at Bangalore City and acquit the appellant in the said cases.
This Criminal Revision Petition coming on for Admission, this day, the Court made the following:
ORDER In this petition, accused has challenged the order of Conviction and Sentence passed by the Courts below. Courts below have convicted and sentenced the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced her to fine of `1,25,00,000/-.
2. The petitioner and respondent are present. They are duly identified by their respective counsel. The parties have filed joint memo seeking permission to compound the offences. The parties admit the execution of the memo.
3. The respondent acknowledges the receipt of the amount and cheque as recorded in the memo and seeks permission to compound. Composition is admissible under law. Therefore, the respondent is permitted to compound the offence.
4. The petition is allowed accordingly. The impugned judgments of the Courts below are hereby set aside and petitioner is acquitted of the offences punishable under Section 138 of the Negotiable Instruments Act, 1881.
Sd/- JUDGE Mds/-