- 1 - HC-KAR NC: 2025:KHC:21954 CRL.RP No. 1516 of 2016 C/W CRL.RP No. 1517 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 1516 OF 2016 C/W CRIMINAL REVISION PETITION No. 1517 OF 2016 IN CRL.RP No. 1516/2016 BETWEEN: SURESH RAI B S/O VITTAL RAI AGED ABOUT 47 YEARS RESIDING AT No.304 NOTTING HILL APARTMENTS PINTO HILL APARTMENTS PINTO GARDEN MARRY HILL MANGALORE - 575 008. …PETITIONER (BY SRI S RAJASHEKAR, ADVOCATE) AND: SRI GOKULAM CHITS AND FINANCE CO. PVT LTD., SRI GOKULAM TOWERS NO.66, ARCOT ROAD CHENNAI - 600 024. BRANCH OFFICE AT 2ND FLOOR KUNIL COMPLEX, BENDOORWELL Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21954 CRL.RP No. 1516 of 2016 C/W CRL.RP No. 1517 of 2016 KANKANADY POST MANGALORE - 575 001. …RESPONDENT (BY SRI H K SINGH, ADVOCATE) THIS CRL.RP FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 28.10.2016 PASSED BY THE IV ADDL. DIST. AND S.J., D.K., MANGALURU IN CRL.A.No.271/2014 AND CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 28.10.2014 PASSED BY THE JMFC-IV COURT, MANGALORE IN C.C.No.235/2014 BY ALLOWING THE ABOVE R.P. AND THEREBY ACQUIT THE ACCUSED/REVISION PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT AND ETC., IN CRL.RP No. 1517/2016 BETWEEN: SMT. VATHSALA SURESH WIFE OF SURESH RAI AGED ABOUT 47 YEARS RESIDING AT No.304 NOTTING HILL APARTMENTS PINTO GARDEN MARRY HILL MANGALORE - 575 008. ...PETITIONER (BY SRI S RAJASHEKAR, ADVOCATE) AND: M/S SRI GOKULAM CHITS AND FINANCE CO.PVT.LTD SRI GOKULAM TOWERS No.66, ARCOT ROAD CHENNAI – 600 024. BRANCH OFFICE AT 2ND FLOOR - 3 - HC-KAR NC: 2025:KHC:21954 CRL.RP No. 1516 of 2016 C/W CRL.RP No. 1517 of 2016 KUNIL COMPLEX, BENDOORWELL KANKANADY POST MANGALORE - 575 001. ...RESPONDENT (BY SRI H K SINGH, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 28.10.2016 PASSED BY THE IV ADDL. DIST. AND S.J., D.K., MANGALURU IN CRL.A.No.270/2014 AND CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 28.10.2014 PASSED BY THE JMFC-IV COURT, MANGALORE IN C.C.No.236/2014 BY ALLOWING THE ABOVE R.P. AND THEREBY ACQUIT THE ACCUSED/REVISION PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT AND ETC., THESE PETITIONS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for the petitioner files a memo. The memo reads thus: It is submitted that the Revision Petitioner and the respondent have amicably settled the matter and the respondent may be permitted to withdraw the amount deposited in the trial Court by the petitioner. Hence, the criminal revision petition may be allowed in terms of the joint memo. - 4 - HC-KAR NC: 2025:KHC:21954 CRL.RP No. 1516 of 2016 C/W CRL.RP No. 1517 of 2016 Learned counsel for the respondent has filed memo in Crl.R.P.No.1517/2016. The memo reads thus: “1.That the above Criminal Revision Petition is filed assailing the order dated 28.10.2016 passed in Criminal Appeal No.270/2014 on the file of the Sessions Judge, Dakshina Kannada, Manglauru confirming the judgment of conviction and order of sentence dated 28.10.2014 passed in C.C.No.236/2014 on the file of JMFC (IV Court), Mangaluru. 2. It is submitted that the Revision Petitioner is guaranter to her husband Suresh Rai who had availed chit amount of Rs.5,00,000/- in Chit Group No.G2H/0394/KDM/10 from the respondent and also her husband Suresh, who is the Revision Petitioner in Criminal Revision Petition No.1516/2016 had availed chit amount of Rs.5,00,000/- in Chit Group No.G2H/0394/KDM/11 from the respondent. It is further submitted that alleging that the Revision Petitioner has not repaid the chit amount, the respondent initiated proceedings under Section 138 of the N.I.Act before the JMFC (IV Court), Mangalore in C.C.No.236/2014 for Rs.6,20,270/- It is submitted that during the pendency of the proceedings before the learned Magistrate, the Revision Petitioner has paid sum of Rs.1,45,977/-. The learned Magistrate by judgment dated 28.10.2014 convicted the Revision Petitioner for - 5 - HC-KAR NC: 2025:KHC:21954 CRL.RP No. 1516 of 2016 C/W CRL.RP No. 1517 of 2016 the offence punishable under Section 138 of N.I.Act and sentenced her to pay a fine of Rs.4,76,747/-. 3. It is further submitted that challenging the judgment of conviction and order of sentence, the Revision Petitioner preferred Criminal Appeal No.270/2014 on the file of the IV Additional District and Sessions Judge, Mangalore, Dakshina Kannada. It is further submitted that during the pendency of the said Criminal Appeal, the Revision Petitioner herein has deposited a sum of Rs.1,43,024/- before the trial Court. Thereafter, the Sessions Judge passed an order dated 28.10.2016 dismissing the Criminal Appeal and confirming the judgment of conviction and sentence passed by the learned Magistrate. 4. Challenging the order dated 28.10.2016 passed by the learned Sessions Judge and the judgment and order of sentence dated 28.10.2014 passed by the learned Magistrate, the Revision Petitioner has preferred the present Revision Petition. It is submitted that subsequently, pursuant to the order passed by this Hon’ble Court, the Revision Petitioner has deposited a sum of Rs.21,300/- before the trial Court. 5. It is further submitted that during the pendency of the above Criminal Revision Petition, the parties have decided to settle the dispute amicably relating to both the cases for a total sum of Rs.7,50,000/- and out of the - 6 - HC-KAR NC: 2025:KHC:21954 CRL.RP No. 1516 of 2016 C/W CRL.RP No. 1517 of 2016 aforesaid settlement amount, the Revision Petition has already paid a sum of Rs.4,00,000/- to the respondent. It is further submitted that the Revision Petitioner has deposited a total sum of 1,64,324/- during the pendency of the case has to be paid to the Respondent and Respondent has issued a letter dated 09.04.2025 to that effect. Balance amount of Rs.7,500/- is paid to the respondent on 19.06.2025. Copy of the letter dated 09.04.2025 is produced herewith for the kind perusal of this Hon’ble Court. 6. It is further agreed between the parties that the respondent is at liberty to withdraw the amount in deposit made by the Revision Petitioner and the petitioner in the connected case pursuant to the order passed by the learned Sessions Judge in Criminal Appeal No.270/2014 and also pursuant to the order passed by this Hon’ble Court in the instant Revision Petition and adjust the same to the chit amount and close the chit account relating to the Revision Petitioner and her husband Suresh Rai B. In view of the payment of the aforesaid sum towards the chit account maintained by the Revision Petitioner with the respondent, the order of conviction and sentence may kindly be set aside. In view of the settlement arrived at between the parties in the above proceedings, the Revision Petitioners and the respondent respectfully pray that - 7 - HC-KAR NC: 2025:KHC:21954 CRL.RP No. 1516 of 2016 C/W CRL.RP No. 1517 of 2016 this Hon’ble Court may kindly be pleased to allow the Revision Petition by setting aside the judgment of conviction and order of sentence dated 28.10.2014 passed in C.C.No.236/2014 on the file of JMFC, (IV Court), Mangaluru and grant such other and further reliefs as this Hon’ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice and equity.” In view of the said memos, the revision petitions are dismissed as settled. The amount in deposit, deposited by the petitioner is ordered to be released to the respondent-complainant. The respondent-complainant shall furnish the bank account details so as to enable the trial Court to transfer the amount in deposit to the account of respondent- complainant. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 45