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2025 DAILYLAW 22832 (KAR)

SMT. SHRUTHY R M v. SRI. T. N HARISH KUMAR

CRL.RP/781/2022 · 2025-01-31

H P Sandesh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4539 CRL.RP No. 781 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.781 OF 2022 BETWEEN: 1. SMT. SHRUTHY R.M., C/O R. MOHAN RAM, AGED ABOUT 38 YEARS, R/AT NO.102, SRI CRYSTAL APARTMENT, PATEL MUNIVENKATAPPA LAYOUT, UTTARAALLI MAIN ROAD, BANGALORE-560 061. …PETITIONER (BY SMT. NEELAVATHI, ADVOCATE) AND: 1. SRI. T.N.HARISH KUMAR, S/O T. NARASIMHAIAH, AGED ABOUT 48 YEARS, R/AT NO.1122, SRILAKSHMI NILAYA, 10TH MAIN, 2ND CROSS, RAGHAVENDRA BLOCK, SRINAGARA, BANGALORE-560 050. …RESPONDENT (BY SRI. VINOD N., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF JUDGEMENT OF CONVICTION PASSED BY THE JUDGE COURT OF SMALL CAUSES AND XXVI ACMM, BANGALORE, IN C.C.NO.17976/2016 ON 29TH JUNE 2019 AND DISMISSAL OF APPEAL BY THE CCH- 56, LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-56), IN CRL. APPEAL NO.1613/2019, ON 8TH Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4539 CRL.RP No. 781 of 2022 MARCH, 2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT. THIS PETITION COMING ON FOR ORDERS 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 - 3 - NC: 2025:KHC:4539 CRL.RP No. 781 of 2022 permitted to withdraw the amount, which is in deposit. Out of that, fine amount of Rs.5,000/- levied in favour of the State has 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.: 12