Smt Rathnamma Vs H Govindaraju

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 07.03.2018 PASSED BY THE LEARNED LVI ADDITIONAL CITY

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NC: 2026:KHC:19145 CRL.RP No. 411 of 2018

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CIVIL AND SESSIONS JUDGE, BENGALURU SITTING AT CCH 57 IN CRIMINAL APPEAL No.1135/2015, THEREBY DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 06.08.2015, PASSED BY THE LEARNED XIX ACMM, AT BANGALORE IN C.C.NO.16161/2012 THEREBY CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT AND SENTENCING HIM TO PAY A FINE OF RS.33,10,000/- (RUPEES THIRTY-THREE LAKH TEN THOUSAND) WITH DEFAULT THEREOF HE SHALL SUFFER SIMPLE IMPRISONMENT FOR ONE YEAR AND CONSEQUENTLY ALLOW THIS REVISION PETITION AND ACQUIT THE PETITIONERS HEREIN.

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THIS PETITION, COMING ON FOR REPORT SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Joint memo is filed signed by the parties and their respective advocates

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Contents of the joint memo read as under:

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“The Petitioner No.1 and 2 humbly submit as follows:

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1. It is submitted that, the Petitioners have been convicted by the XIX ACMM Bangalore for the Offence under Section 138 of the NI Act and sentenced the Petitioner herein/Accused to pay a fine of Rs.33,10,000/(Rupees Thirty-Three lakh Ten Thousand Only) or in default to suffer simple

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imprisonment for one year vide Judgment and Order dated 06-08-2015 in C.C No. 16161/2012.

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2. It is submitted that, out of the said Fine Amount the Trial Court had directed payment of Rs.33,00,000/- to the Complainant and Rs.10,000/- to be defrayed to the State for expenses incurred in prosecution of the Petitioners.

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3. It is submitted that, the said Judgment and Order of the Trial Court was appealed in Crl Apl No.1135/2015 before the Sessions Judge at Bangalore which was dismissed by upholding the Judgement and Order of the Trial Court. The captioned Petition was filed seeking reviews of the Order of Court below.

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4. It is submitted that, the Petitioners have paid the following amount by way of deposits in lieu of the Order of the Trial Court and that of this Hon'ble Court.

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SL.No	Date Deposit	Deposit made rupees	The Court/Receipt No./Order Date
1.	13-11-2015	6,62,000/- (Rupees Six Lakh Sixty- Two Thousand only)	Trial Court/ Receipt No.12813 ANNEXURE-1
2.	23-03-2026	3,00,000/- (Rupees Three Lakh only)	High Court/ Court Cash receipt bearing No.1739133. Annexure-2.
3.	24-03-2026	5,00,000 (Rupees Five Lakh only)	High Court/Cash was handed over by the Petitioners to the

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Respondent and the same is acknowledged in the Order Sheet. ANNEXURE-3

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Accordingly, the Petitioners have deposited and or paid a sum of Rs.14,62,000/- (Rupees Fourteen Lakh Sixty-Two Thousand Only).

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5. It is further submitted that, the Petitioners have entered into a mutual out-of-court settlement wherein it is agreed that the Petitioner shall pay and the Respondent shall receive a sum of Rs.33,00,000/- in discharge of the payment towards the dishonoured cheque of Rs.30,00,000/- which was the subject matter of C.C No.16161/2012.

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6. It is submitted that, the said amount of Rs.33,00,000/- agreed as Settlement amount is inclusive of the Deposits made and Payment received from the Petitioners as aforementioned. Thereby, the Petitioner is liable to pay a sum of Rs.18,38,000/- (Rupees Eighteen Lakh ThirtyEight Thousand Only) as the Petitioners have already paid a sum of Rs.14,62,000/as aforementioned.

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7. It is submitted that, the Petitioners undertake to pay the balance sum of Rs.18,38,000/- (Rupees Eighteen Lakh Thirty-Eight Thousand Only) over a period of 3 months in the following manner.

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SL.No	Date	Amount	Cheque No./Drawn on
1.	29-05-2026	6,12,666/-	72021860/ Union Bank of India, Electronic City Branch Annexure-4
2.	25-06-2026	6,12,666/-	72021861/ Union Bank of India, Electronic City Branch Annexure-5
3.	31-07-2026	6,12,668/-	72021862/ Union Bank of India, Electronic City Branch Annexure-6

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8. It is submitted that, in the light of the above settlement, this Hon'ble Court be pleased to exempt the Petitioners from paying a sum of Rs.10,000/- imposed as fine, defrayed to the State for the expenses incurred in the Prosecution and set-aside the Judgements and Orders passed in C.C.No.16161/2012 and Crl Apl No.1135/2015 and acquit the Petitioners of the Offences punishable under Section 138 of the NI Act in the interest of justice.”

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Pursuant to the joint memo contents, three cheques

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have been handed over by the petitioner to the respondent. Same is acknowledged in the order sheet.

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Parties agreed that there is no force, influence or

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coercion in reaching out the terms of the joint memo.

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Accordingly, the following:

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ORDER

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(i) Joint memo is accepted and petition stands disposed of in terms of the joint memo.

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(ii) Amount in deposit is ordered to be withdrawn by the complainant under due identification, if not already withdrawn.

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(iii) It is made clear that if the compensation amount as agreed in the joint memo is not paid as per the terms of the joint memo and if there is any single default, petitioner shall undergo imprisonment as ordered by the learned Trial Magistrate, confirmed by the First Appellate Court.

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