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2025 DAILYLAW 28132 (KAR)

SMT. ROOPA MOHAN RAI v. SMT. SUSHILA SATISH

CRL.RP/791/2017 · 2025-01-31

H P Sandesh

body2025

Judgment text

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- 1 - NC: 2025:KHC:4600 CRL.RP No. 791 of 2017 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.791 OF 2017 BETWEEN: 1. SMT. ROOPA MOHAN RAI, W/O MOHAN RAJ, AGED ABOUT 30 YEARS, R/AT NO.206, 1ST FLOOR, 1ST MAIN, 7TH CROSS, KENCHANAHALLI, RAJRAJESHWARI NAGAR, BENGALURU – 560 099. …PETITIONER (BY SRI. CHANDRASHEKAR P. PATIL, ADVOCATE) AND: 1. SMT. SUSHILA SATISH, W/O SATISH PRABHU, AGED ABOUT 45 YEARS, R/AT NO.335, 3RD MAIN, RAMABAYI NAGAR, MYSURU-570 001. …RESPONDENT (BY SRI. VENKATARAMI REDDY E., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 16.06.2017 PASSED BY THE LEARNED IV ADDITIONAL SESSIONS JUDGE, MYSURU IN CRL.A.NO.256/2013 CONFIRMATING THE ORDER OF CONVICTION DATED 14.08.2013 PASSED BY THE LEARNED IV ADDL. 1ST CIVIL JUDGE AND JMFC, MYSURU IN C.C.NO.1633/2010. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4600 CRL.RP No. 791 of 2017 THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER The petitioner, the respondent and the learned counsel for the respective parties are present before the Court. The parties have been identified by their respective learned counsel. The parties have filed an application under Section 147 of the Negotiable Instruments Act (‘the NI Act’ for short) for compounding of the offence. 2. The parties have also filed a joint memo for having settled the matter for an amount of Rs.1,00,000/-. An amount of Rs.82,500/- is already in deposit before the Trial Court. The respondent is permitted to withdraw the amount of Rs.82,500/- which is in deposit before the Trial Court and the petitioner has no objection to release the amount in favour of the respondent. The petitioner has paid an amount of Rs.17,500/- in favour of the respondent before the Court and the same is acknowledged by the respondent. The petitioner undertakes to pay the fine amount of Rs.5,000/- before the Trial Court within one week from today as ordered by the Trial Court. On deposit of the said amount, the petitioner is directed to produce the receipt before - 3 - NC: 2025:KHC:4600 CRL.RP No. 791 of 2017 the Registry for having paid the amount. If the receipt is not produced for having deposited the fine amount of Rs.5,000/-, list the matter on 13.02.2025 and if the receipt is produced, no need to list the matter before the Court. 3. In view of the settlement arrived between the parties, the application filed under Section 147 of NI Act is allowed and the offence is compounded. Consequently, the petitioner is acquitted for the offence under Section 138 of the NI Act. 4. In terms of the compromise, the criminal revision petition is disposed of. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 46