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High Court of Karnataka · body

2025 DAILYLAW 35795 (KAR)

MR. MACWIN VICTORIA V v. MR NAVEEN KUMAR C N

CRL.RP/20/2024 · 2025-04-25

Mohammad Nawaz

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17147 CRL.RP No. 20 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL REVISION PETITION NO. 20 OF 2024 (397(Cr.PC) / 438(BNSS)) BETWEEN: MR. MACWIN VICTORIA V AGED 41 YEARS, S/O SRI. J VERSLINE VICTORIA, PRESENTLY RESIDING AT B-4, SHREE SAI HOMESTYLE, 3RD CROSS, GREEN HOUSE LAYOUT, DODDATHOGURU, NEAR FOYER CITY APARTMENT, BENGALURU-560 100. …PETITIONER (BY SRI. REGO L P E., ADVOCATE) AND: MR. NAVEEN KUMAR C.N. AGED ABOUT 41 YEARS, S/O LATE NARASIMHA REDDY, PRESENTLY RESIDING AT NO.21, 4TH CROSS, NEAR THINDLU, VIDYARANYAPURA POST, BENGALURU-560 097. …RESPONDENT (BY SRI. BHASKAR GOWDA N.M., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:17147 CRL.RP No. 20 of 2024 THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C PRAYING TO (i) CALL FOR THE RECORDS IN CC NO.57705/2021 ON THE FILE OF THE XIV ACMM, MAYO HALL, BENGALURU; (ii) SET ASIDE THE ORDER DATED 11.08.2023 PASSED IN CRL. APPEAL NO.25007/2023 ON THE FILE OF THE LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU, CCH-73; (iii) SET ASIDE THE ORDER DATED 09.12.2022 PASSED IN CC NO.57705/2021 ON THE FILE OF THE XIV ACMM, MAYO HALL, BENGALURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The concurrent findings of the Courts below, convicting and sentencing the revision petitioner herein for an offence punishable under Section 138 of N.I. Act are sought to be set aside in this petition. 2. A joint memo has been filed, signed by both the learned Advocates appearing for the parties, wherein it is stated that due to intervention of well-wishers, they have settled the matter and the petitioner has paid a consolidated amount of Rs.4,00,000/- to the respondent herein, in full and final settlement of all dues. - 3 - NC: 2025:KHC:17147 CRL.RP No. 20 of 2024 3. Revision petitioner was convicted and sentenced by the trial Court in respect of dishonor of two cheques amounting to Rs.3,50,000/-. He was sentenced to pay a fine of Rs.4,05,000/-. A sum of Rs.4,00,000/- was ordered to be paid to the complainant and remaining Rs.5,000/- to the State. 4. Considering that the entire amount of Rs.4,00,000/- has been paid to the respondent/complainant and in view of the joint memo filed by the parties, it is just and proper to permit the parties to compound the offence and set aside the impugned orders passed by the Courts below, in the interest of justice. 5. Joint memo is accepted. The parties are permitted to compound the offence. 6. Petition is accordingly allowed. 7. The order dated 11.08.2023 passed in Crl.A No.25007/2023 on the file of the Court of LXXII Additional - 4 - NC: 2025:KHC:17147 CRL.RP No. 20 of 2024 City Civil and Sessions Judge, Mayo Hall, Bengaluru and the order dated 09.12.2022 passed in C.C.No.57705/2021 on the file of the Court of XIV ACMM, Mayo Hall, Bengaluru are set aside. 8. Petitioner is acquitted of the offence punishable under Section 138 of N.I. Act. 9. He shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before the trial Court within two weeks. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 2 Sl No.: 4 CT:ar