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2025 DAILYLAW 31742 (KAR)

G GAYATHRI v. NAGARATHNAMMA

CRL.RP/1619/2016 · 2025-02-05

H P Sandesh

body2025

Judgment text

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- 1 - NC: 2025:KHC:5525 CRL.RP No. 1619 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 1619 OF 2016 BETWEEN: G. GAYATHRI W/O. JAYADEVA, AGED ABOUT 38 YEARS, R/AT. TI.HOSAHALLI, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT-572227. …PETITIONER (BY SRI. CHANDRASHEKARA K A., ADVOCATE) AND: NAGARATHNAMMA W/O. K.T.KRISHNAPPA, AGED ABOUT 46 YEARS, R/AT. BHAVIKARE, 3RD DIVISION, TURUVKERE TOWN, TUMKUR DISTRICTI-572227. …RESPONDENT (BY SRI. V.K.RAMESHA., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 04.05.2015 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, TURUVEKERE IN C.C.NO.179/2013 AND CONFIRMING THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE LEARNED V ADDL. DIST. AND S.J., TIPTUR BY Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5525 CRL.RP No. 1619 of 2016 THE JUDGMENT AND ORDER DATED 09.11.2016 IN CRL.A.NO.10020/2015 FOR THE OFFENCE P/U/S 138 OF N.I ACT AND TO ACQUIT THE PETITIONER/ACCUSED TO MEET THE ENDS OF JUSTICE. 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 complainant and respondent are present. 2. Both the parties have filed an application under Section 147 of Negotiable Instruments Act read with Section 320(6) and (8) of Cr.P.C and 359(6) and (8) of BNSS, 2023. 3. The parties have settled the matter amicably and the accused/petitioner today paid a sum of Rs.95,000/- in favour of the respondent/Complainant before this Court and respondent/complainant acknowledged the same and also there was a deposit of Rs.50,000/- before the Trial Court and petitioner submits that she has no objection to release the amount to the respondent. In terms of the judgment, it was agreed to settle the matter for a sum of Rs.1,45,000/- in total - 3 - NC: 2025:KHC:5525 CRL.RP No. 1619 of 2016 and also Trial Court ordered to pay an amount of Rs.5,000/- as fine to the State and now the amount of Rs.5,000/- is paid to the complainant before this Court apart from Rs.95,000/- and hence, she has given consent to deduct the amount of Rs.5,000/- out of the amount of Rs.50,000/- which is in deposit before the Trial Court and learned Magistrate is directed to deduct a sum of Rs.5,000/- as fine and pay balance of Rs.45,000/- to the respondent/complainant on proper identification. In terms of the settlement, the revision petition is disposed off by accepting the application and hence, offence is compounded and petitioner is acquitted of the offence punishable under Section 138 of N.I.Act. Sd/- (H.P.SANDESH) JUDGE HJ List No.: 1 Sl No.: 56