Allowed

Mrs. Sujatha v. Mr. H.M. Umesh

Karnataka HC27 Jul 2021CRL.RP/103/2020

Case brief

AI extract

What is this about?

The High Court allowed a joint compromise application under Section 147 of the Negotiable Instruments Act. Consequently, the Criminal Revision Petition was allowed, setting aside the conviction and acquitting the petitioner of offences under Section 138. The court directed the release of a deposited amount to the respondent.

What did the court decide?

Petitioner acquitted; impugned judgment set aside; IA allowed; balance compromise amount directed to be released to respondent; bail bonds cancelled.

Mrs. Sujatha Vs Mr. H.M. Umesh — Money Laundering | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JULY, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE K. NATARAJAN CRIMINAL REVISION PETITION NO.103 OF 2020

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BETWEEN:

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MRS. SUJATHA M/S. RUBY CREATIONS PROPRIETOR, W/O. MR. JAYAMOHAN, AGED ABOUT 42 YEARS, RESIDING AT KODANDARAMAREDDY BUILDING, 3^RD FLOOR, MANGAMMANAPALYA, BOMMANAHALLI, BENGALURU – 560 068.

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... PETITIONER

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(BY SRI SANGAMESHWARAIAH K., ADV.)

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AND:

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MR. H.M. UMESH S/O. H. MADAPPA AGED ABOUT 46 YEARS, C/O. ARPUDADSAA, RESIDING AT NO.224, MANGAMMANAPALYA VILLAGE, BOMMANAHALLI, BENGALURU – 560 068.

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... RESPONDENT

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(BY SMT. SHWETHA DESHPANDE, ADV., FOR SRI G. PAPI REDDY)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 20-2-2019 PASSED BY THE XIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN C.C. NO.29657 OF 2017 AND CONFIRMED BY THE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, IN CRIMINAL APPEAL NO.663 OF 2019 ON 27-12-2019.

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THIS CRIMINAL REVISION PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Learned counsel for the petitioner-accused and the

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learned counsel for the respondent-complainant along with their respective parties are present before the Court.

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Learned counsel appearing on both side submit that they have filed I.A. No.1 of 2021, a joint compromise application under Section 147 of the Negotiable Instruments Act, 1881. In the said application, both the parties submit that they have settled the dispute amicably for Rs.2,10,000/-. Out of which, the petitioner has already paid Rs.1,30,000/- and remaining Rs.80,000/- is deposited before the Trial Court to be released to the respondent.

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The same is placed on record. Accordingly, I.A. No.1 of 2021 is allowed.

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In view of the compromise entered into between the parties, the criminal revision petition is allowed .

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The judgment of conviction and order on sentence dated 20-2-2019 in Criminal Case No.29657 of 2017 passed by the XIX Additional Chief Metropolitan Magistrate, Bengaluru, and confirmed by the LXXV Additional City Civil and Sessions Judge, Bengaluru, in Criminal Appeal No.663 of 2019 dated 27-12-2019 are hereby set aside. The petitioner-accused is acquitted of the charges leveled against her for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

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Bail bonds, if any, shall stand cancelled.

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The Trial Court is directed to release the amount of Rs.80,000/- deposited by the petitioner to the respondent on proper identification and acknowledgment.

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Sd/JUDGE

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kvk

Mrs. Sujatha v. Mr. H.M. Umesh

Case brief

What is this about?

What did the court decide?

Mrs. Sujatha v. Mr. H.M. Umesh

Case brief

What is this about?

What did the court decide?

What the court decided

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