Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4540 CRL.RP No. 778 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.778 OF 2022 BETWEEN:
1.
SMT. R.M. SHILPA, D/O R. MOHAN RAM, AGED ABOUT 38 YEARS, R/AT NO.102, SRI CRYSTAL APARTMENT, PATEL MUNIVENKATAPPA LAYOUT, UTTARAHALLI MAIN ROAD, BANGALORE - 560 061. …PETITIONER
(BY SMT. NEELAVATHI, ADVOCATE)
AND:
1.
SRI D.N. SURESHA, S/O LATE D.K. NAGARAJA RAO, AGED ABOUT 48 YEARS, R/AT 65, 12TH MAIN, SRINAGARA, BANGALORE - 560 050. …RESPONDENT
(BY SRI. SATHYANARAYANA REDDY K., ADVOCATE)
THIS CRL.RP IS FILED UNDER SEDTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF JUDGMENT OF CONVICTION PASSED BY THE XII ACMM, BANGALORE IN C.C.NO.20738/2016 ON 14.08.2019 AND DISMISSAL OF APPEAL BY THE LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-59) IN CRL.A.NO.1954/2019 ON 11.3.2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4540 CRL.RP No. 778 of 2022
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
The revision petitioner, respondent and their respective
learned counsel are present before the Court. The parties have filed a joint memo wherein they have stated that they have settled the matter. In terms of the settlement, the revision petitioner is permitted to withdraw the amount which is in deposit before the Trial Court. The respondent/complainant states that there is no due from the revision petitioner in view of the settlement.
2. The parties have also filed an application under Section 147 of the Negotiable Instruments Act (‘the NI Act’ for short) seeking permission of this Court to compound the offence. In view of the settlement arrived between the parties, the application filed under Section 147 of the NI Act is allowed and the offence is compounded. Consequently, the revision petitioner is acquitted for the offence under Section 138 of the NI Act. In terms of the compromise, the revision petitioner is permitted to withdraw the amount, which is in deposit. Out of that, fine amount of Rs.2,000/- levied in favour of the State has
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NC: 2025:KHC:4540 CRL.RP No. 778 of 2022
to be deducted and remaining amount is payable in favour of the revision petitioner.
3. In terms of the compromise, the criminal revision petition is disposed of.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 27