Manjula G Vs H P Umadevi

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(3) CR.P.C PRAYING TO SET ASIDE THE ORDER OF DISMISSAL FOR NON PROSECUTION IN C.C.NO.17361/2013, PASSED BY LEARNED VII A.C.M.M., BANGALORE VIDE ORDER DATED 18.07.2018, AND RESTORE THE ABOVE CASE AND DIRECT THE LEARNED MAGISTRATE TO PROCEED THE ABOVE CASE IN ACCORDANCE WITH LAW ON MERITS OF THE CASE.

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THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2025:KHC:28722 CRL.A No. 2008 of 2018

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HC-KAR

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ORAL JUDGMENT

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Heard Sri.Vishnumurthy, learned counsel for the appellant and Sri.K.B.K.Swamy, learned counsel for

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respondents No.1 and 2.

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The appellant and the respondents are present and are identified by their respective counsels. Both learned counsels submit that the parties have settled the dispute amicably and filed a joint memo. The joint memo is taken on record.

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The joint memo is duly signed by the appellant, respondents No.1 and 2 and their respective counsels. The averments of the joint memo at paragraph Nos.2 to 8, which read thus:

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“2. That the appellant herein had instituted 138 proceedings against 1^st Respondent in C.C no: 15339/2009 on the file of 19th Addl C.M.M at Bengaluru, by virtue of order dated 6/06/2016 the Hon'ble Trial Court convicted the 1^st Respondent and sentenced her to pay a fine amount of Rs. 2,70,000/-.

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3. Aggrieved by the said order by the Hon'ble Trial Court, the 1^st Respondent challenged the

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NC: 2025:KHC:28722 CRL.A No. 2008 of 2018

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HC-KAR

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order of Trial Court before the appellant court in Criminal Appeal No: 699/2016 and same was allotted to Hon'ble LXVIII ADDL City Civil and Sessions judge Bengaluru. In the said appeal I.A No: 1/2016 was filed seeking suspension of sentence and bail and the Hon'ble Appellate Court allowed the I.A and directed the 1^st Respondent to deposit 20% of the fine amount, by virtue of the same the 1^st Respondent has deposited Rs. 55,000/- before the Trial court in Q No: 5130/2016-2017, Sl No: 10929/2016 dated 08-07-2016. Thereafter, the Hon'ble Appellate Court has confirmed the judgement passed by the Trial court by virtue of its order dated 20-06-2019.

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4. Aggrieved by the said order by the Hon'ble Appellate Court the 1^st Respondent challenged the order of Appellate Court before the Hon'ble High Court in Criminal R.P No: 952/2019 and in the said revision petition I.A No: 1/2019 was filed seeking suspension of sentence and bail and the Hon'ble High Court allowed the I.A and directed the 1^st Respondent to deposit 30% of the fine amount, by virtue of the same the 1^st Respondent has deposited Rs. 82,500/- before the Hon'ble Trial Court in Q No: 11064/20192020, Sl No: 17306/2019 dated 24-09-2019.

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NC: 2025:KHC:28722 CRL.A No. 2008 of 2018

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HC-KAR

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The said Crl R.P no: 952/2019 is pending consideration before this Hon'ble Court.

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5. That the fine amount is of Rs. 2,70,000/and by virtue of the above-mentioned deposits the 1^st Respondent has deposited an total sum of Rs, 1,37,500/- Before the Hon'ble Trial Court.

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6. That, the parties in this Appeal and Criminal Revision Petition no: 952/2019 pending before this Hon'ble Court between the same parties in this Appeal, have agreed to settle their dispute amicably.

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7. That, the respondents are paying Rs. 32,500/- by way of cash to the appellant before this Hon'ble Court on this day and same is accepted by the appellant. That the remaining amount of Rs. 1,00,000/- shall be paid by the 1^st Respondent to the Appellant herein within a span of 1 month from today and same accepted by the appellant. Based on the terms of this joint memo the appeal maybe disposed as withdrawn.

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8. The appellant herein has agreed that she will not prosecute further in respect of the conviction order passed by the Hon Trial Court in C.C No:15339/2009 for the offence punishable under section 138 of NI Act and

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5 - NC: 2025:KHC:28722 CRL.A No. 2008 of 2018

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HC-KAR

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same is confirmed by appellate court in Criminal Appeal no: 699/2016. The appellant has no objection to acquit the respondent no: 1 in Criminal Revision Petition No: 952/2019 pending before this Hon’ble Court on the terms of this Joint Memo. The appellant has agreed that she will co-operate to dispose the abovemention Criminal Revision Petition.”

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Today, the respondents have paid a sum of Rs.32,500/- by way of cash to the appellant and the same is acknowledged by the appellant. The balance amount of Rs.1,00,000/- will be paid to the appellant as per the terms mentioned in the joint memo.

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