Allowed

Smt. Sundaramma v. Smt. Rathnamma

Karnataka HC5 Dec 2023CRL.RP/826/2014

Case brief

AI extract

What is this about?

In a criminal revision under Section 397 Cr.P.C, the High Court of Karnataka allowed a compromise petition filed under Section 147 of the Negotiable Instruments Act following a settlement between the petitioner and respondent, setting aside the conviction and acquitting the petitioner.

What did the court decide?

Dismissal of the conviction and sentence report; acquittal of the petitioner; cancellation of bail bonds; direction to pay compensation to the respondent.

Smt. Sundaramma Vs Smt. Rathnamma — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC:43989 CRL.RP No. 826 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL REVISION PETITION NO. 826 OF 2014

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BETWEEN:

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SMT. SUNDARAMMA, W/O S. NINGARAJUD, AGED ABOUT 49 YEARS, WORKING AT PRIMARY HEALTH UNIT, 5^TH MAIN ROAD, VISHWESHWARANAGAR, MYSORE-570 001.

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…PETITIONER

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(BY SRI. PRASANNA KUMAR .P. DAROJI, ADVOCATE FOR SMT. SHWETHA ANAND, ADVOCATE)

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AND:

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Digitally signed by SOWMYA D Location: High Court of Karnataka

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SMT. RATHNAMMA, W/O RAMEGOWDA, AGED ABOUT 45 YEARS, R/AT NO. 422, A & B BLOCK, RAMAKRISHNANAGAR, MYSORE-570 022.

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…RESPONDENT

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(BY SRI. NARAYANA SWAMY .H, ADVOCATE FOR SRI. L. SUDHARSHAN, ADVOCATE)

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THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DATED:11.8.14 IN CRL.A.NO.148/13 ON THE FILE OF THE IV ADDL. S.J., MYSORE WHICH CONFIRMS THE JUDGMENT AND SENTENCE DATED:3.5.13 IN C.C.NO.2432/2008 ON THE FILE

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2 - NC: 2023:KHC:43989 CRL.RP No. 826 of 2014

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OF THE I ADDL. I C.J. AND JMFC, MYSORE PRODUCED VIDE ANNEXURE-K. CONSEQUENTLY SET ASIDE THE JUDGMENT AND SENTENCE DATED:3.5.13 IN C.C.NO.2432/2008 ON THE FILE OF THE I ADDL. I C.J. AND JMFC, MYSORE PRODUCED VIDE ANNEXURE-J. ACQUIT THE PETR. OF THE OFFENCES ALLGED AGAINST HER.

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

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JUDGMENT

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Both the revision petitioner / accused and

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complainant / respondent along with their respective counsels are present.

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The parties have submitted a joint compromise petition under Section 147 of the Negotiable Instruments Act, 1881 reporting settlement amongst themselves and as a security for last installment; a cheque has been issued bearing No.768129 of Vijaya Bank.

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The contents of the compromise petition are read over and explained to the parties in presence of their respective counsels in Kannada language known to them and they admit the contents to be true and correct.

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3 - NC: 2023:KHC:43989 CRL.RP No. 826 of 2014

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In view of the settlement, the complainant / respondent has acknowledged receipt of Rs.10,000/- and she is also entitled for Rs.65,000/- deposited before the court

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I am satisfied that the parties have settled their dispute amicably without any threat or coercion. The compromise is not against any settled law. In view of the same, the compromise petition filed under Section 147 of the Negotiable Instruments Act, 1881 needs to be allowed. Accordingly, I proceed to pass the following:

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O R D E R

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(i) The compromise petition filed by both the parties under Section 147 of the Negotiable Instruments Act, 1881 is allowed. The matter stands compounded.

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(ii) The impugned judgment of conviction and order of sentence passed by I Additional Civil Judge and JMFC, Mysore in C.C.No.2432/2008 and confirmed by IV Additional Sessions Judge, Mysore in Crl.A.No.148/2013 are set aside.

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4 - NC: 2023:KHC:43989 CRL.RP No. 826 of 2014

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(iii) The accused / revision petitioner stands acquitted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

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(iv) In view of the compounding of the offence, the bail bonds executed by the accused / revision petitioner stand cancelled.

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(v) The amount deposited by the revision petitioner / accused amounting to Rs.65,000/shall be paid to the complainant / respondent herein.

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(vi) The compromise petition shall be part of this judgment.

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Sd/JUDGE

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List No.: 1 Sl No.: 12

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Smt. Sundaramma v. Smt. Rathnamma

Case brief

What is this about?

What did the court decide?

Smt. Sundaramma v. Smt. Rathnamma

Case brief

What is this about?

What did the court decide?

What the court decided

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