Allowed

Smt. H.S. Manjula v. Smt. Sujatha

Karnataka HC12 Jan 2023CRL.RP/1008/2019

Case brief

AI extract

What is this about?

High Court of Karnataka allowed a criminal revision petition to set aside conviction and sentence in a cheque dishonour case after the parties settled the dispute via an application under Section 147 of the Negotiable Instruments Act.

What did the court decide?

Petitioner acquitted; impugned orders set aside; petitioner to deposit Rs.5,000 graded cost; amount deposited before Trial Court released to respondent.

Smt. H.S. Manjula Vs Smt. Sujatha — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 1008 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 1008 OF 2019

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BETWEEN:

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SMT. H.S. MANJULA W/O SHANTHARAJU, AGED ABOUT 44 YEARS, R/AT NO.91, 3^RD CROSS, NARASIMHANAYAKA NAGARA, HOLENARASIPURA TOWN, HASSAN DISTRICT, PIN CODE-573 211.

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…PETITIONER

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(BY SRI. ROOPESHA B., ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SMT. SUJATHA W/O SHANKARA, AGED ABOUT 41 YEARS, R/AT AASHRAYA EXTENSION, CHITTHANAHALLI ROAD, HOLENARASIPURA TOWN, HOLENARASIPURA TALUK, PIN CODE-573211.

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…RESPONDENT

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(BY SRI. VIJAYKUMAR T., ADVOCATE)

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THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 02.04.2018 PASSED IN CRL.A.NO.169/2017 ON THE FILE OF THE 5^TH

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CRL.RP No. 1008 of 2019

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ADDITIONAL DISTRICT AND SESSIONS COURT AT HASSAN AND ALSO THE ORDER DATED 01.09.2017 PASSED IN C.C.NO.3932/2015 ON THE FILE OF THE CIVIL JUDGE AND JMFC., AT HOLENARASIPURA AND ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881.

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

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ORDER

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An application in I.A. No.1/2023 is filed under Section 147 of the Negotiable Instruments Act, 1881 (for short, 'the Act of 1881'), which is countersigned by the petitioner as well as the respondent. It is stated in the application that the parties have settled the dispute amicably in terms of which the petitioner has agreed to pay Rs.1,25,000/-, of which a sum of Rs.1,00,000/- is paid to the respondent and a sum of Rs.25,000/- is deposited before the Trial Court. The petitioner as well as the respondent are present in person and they admit the terms of the settlement.

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In view of the same, I.A. No.1/2023 is allowed. Consequently, this revision petition is allowed and the impugned judgment of conviction and sentence dated

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CRL.RP No. 1008 of 2019

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01.09.2017 passed by the Civil Judge and JMFC., Holenarasipura, in C.C. No.3932/2015 and the judgment dated 02.04.2018 passed by the 5^th Additional District and Sessions Judge, Hassan, in Criminal Appeal No.169/2017 are set aside. The petitioner shall deposit a sum of Rs.5,000/- as graded cost in accordance with the judgment of the Hon'ble Apex Court in the case of Damodar S. Prabhu v. Sayed Babalah H. [AIR 2010 SC 1907] since the parties are poor and are not in a position to pay 15% of the amount settled between them. The graded cost shall be deposited before this Court within a period of two weeks. On such deposit, it shall be released in favour of the Karnataka State Legal Services Authority.

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Any amount in deposit before the Trial Court is ordered to be released in favour of the respondent.

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Sd/JUDGE

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SMA

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List No.: 1 Sl No.: 19

Smt. H.S. Manjula v. Smt. Sujatha

Case brief

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Smt. H.S. Manjula v. Smt. Sujatha

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