The High Court
Case Details
- 1 - NC: 2025:KHC:11272 CRL.RP No. 283 of 2023 C/W CRL.RP No. 340 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 283 OF 2023 (397(Cr.PC) / 438(BNSS)) C/W CRIMINAL REVISION PETITION NO. 340 OF 2023 IN CRL.RP NO.283/2023 BETWEEN:
Legal Reasoning
SMT G S GEETHA W/O RAMESH AGED ABOUT 49 YEARS PROPRIETOR OF SRI SAI SOLAR TECHNOLOGIES NO.125, KHB COLONY BEHIND GOVERNMENT MEDICAL HOSPITAL GUDIBANDE, CHIKKABALLAPURA DISTRICT-561209 ...PETITIONER (BY SRI. MURALI M, ADVOCATE) AND: SRI SOMASHEKARA REDDY S/O LATE RAMAREDDY AGED ABOUT 47 YEARS PROPRIETOR OF SUNLIGHT SOLAR TECHNOLOGIES SHOP NO.6, RAGHAVENDRA SWAMY TEMPLE COMPLEX BAGEPALLI TOWN, BAGEPALLI TALUK CHIKKABALLAPURA, BEHIND GOVERNMENT R/AT IVARAPALLI VILLAGE Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:11272 CRL.RP No. 283 of 2023 C/W CRL.RP No. 340 OF 2023 YALAMALAPALLI POST, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT-561209 …RESPONDENT (BY SRI.ADINARAYAN, ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 26.12.2022, PASSED IN CRL.APPEAL NO.65/2021, ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA AND ORDER OF CONVICTION AND SENTENCE PASSED DATED 08.11.2021 IN C.C.NO.578/2013, ON THE FILE OF CIVIL JUDGE AND JMFC, BAGEPALLI, AND CONSEQUENTLY ACQUIT THE PETITIONER FOR THE OFFENCES P/U/S 138 OF N.I. ACT. IN CRL.RP NO. 340/2023 BETWEEN: SMT G S GEETHA W/O RAMESH AGED ABOUT 49 YEARS PROPRIETOR OF SRI SAI SOLAR TECHNOLOGIES NO.125, KHB COLONY BEHIND GOVERNMENT MEDICAL HOSPITAL GUDIBANDE, CHIKKABALLAPURA DISTRICT-561209 ...PETITIONER (BY SRI. MURALI M, ADVOCATE) AND: SRI SOMASHEKARA REDDY S/O LATE RAMAREDDY AGED ABOUT 47 YEARS PROPRIETOR OF SUNLIGHT SOLAR TECHNOLOGIES SHOP NO.6, RAGHAVENDRA SWAMY TEMPLE COMPLEX BAGEPALLI TOWN, BAGEPALLI TALUK - 3 - NC: 2025:KHC:11272 CRL.RP No. 283 of 2023 C/W CRL.RP No. 340 OF 2023 CHIKKABALLAPURA, BEHIND GOVERNMENT R/AT IVARAPALLI VILLAGE YALAMALAPALLI POST, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT-561209 ...RESPONDENT (BY SRI.ADINARAYAN, ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 26.12.2022, PASSED IN CRL.APPEAL NO.2/2022, ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL COMMON ORDER These petitions are filed by the accused challenging her conviction and sentence for the offence punishable under Section 138 of N.I. Act, imposed by the trial Court, which came to be confirmed by the First Appellate Court by dismissing the appeals filed by her. 2. Crl.RP.No.283/2023 and Crl.RP.No.340/2023 are arising out of judgment and order in C.C.No.578/2013. - 4 - NC: 2025:KHC:11272 CRL.RP No. 283 of 2023 C/W CRL.RP No. 340 OF 2023 3. A joint memo is filed duly signed by both parties and their respective counsel reporting settlement. The terms of settlement are as under: "1) It is submitted that being aggrieved by the order of conviction dated 8-11-2021, passed in CC No.578/2013, and order of dismissal in Crl. Appeal No.65/2021, the petitioner filed above revision petition in Crl.R.P.No.283/2023 and being aggrieved by the order of enhancement dated 26-12-2022, filed passed Crl.R.P.No.340/2023 and both are arising out of judgment passed in CC No.578/2013, between same parties. in Crl.A.No.2/2022, the petitioner 2) It is submitted that, as per the advice of elders and well wishers, the petitioner and accused have amicably settled the matter outside the court and as per settlement, the petitioner herein agreed to pay a total sum of Rs.12,32,500/- as against the cheque amount of Rs.12,00,000/- and also as per conviction judgment passed in CC No.578/2013, subsequently which is enhanced in Crl.A.No.2/2022 and the respondent agreed to receive the same as full and final settlement amount from petitioner. 3) It is submitted that, as per settlement the petitioner paid amount as hereunder: a) A sum of Rs.2,53,000/- (Deposited by petitioner was withdrawn by respondent on 5-1-2022, CC No.578/2013) before court trial in b) A sum of Rs.3,79,500/- (Deposited by petitioner was Withdrawn by respondent on - 5 - NC: 2025:KHC:11272 CRL.RP No. 283 of 2023 C/W CRL.RP No. 340 OF 2023 3-5-2023, CC No.578/2013) before trial court in c) A sum of Rs.6,00,000/- paid by way of NEFT transfer on 07-3-2025 to the bank account of Somashekar Reddy, vide Transaction ID No.A149896, through Union Bank, Gudibande. 4) It is submitted that, the petitioner paid entire settled amount to respondent as stated above and respondent acknowledges the above said amounts and there is no arrears or balance to be paid by petitioner to respondent, in view of judgment passed in CC No.578/2013 and judgment passed in Crl.A. No.2/2022. 5) It is submitted that there is no coercion or influence in entering to this settlement and filing of joint memo and further in view of settlement between the parties, the fine amount imposed by trial court may be waived up, since no state machinery are involved in the proceedings and litigation between private parties. Wherefore, the petitioner and respondent prays that, this Hon'ble Court may be pleased to record the settlement as per joint memo and set aside the order of conviction & sentence passed in CC No.578/2013, dated 8-11-2021 passed by learned Principal Civil Judge & JMFC, Bagepalli and also judgment/order in Crl.A.No.2/2022, dated 26-12-2022, passed passed by learned 3rd Additional District and Sessions Judge, Chikkaballapura and consequently acquit the petitioner/accused for the offences punishable Under Section 138 of N.I. Act, in CC No.578/2013, in the interest of justice." - 6 - NC: 2025:KHC:11272 CRL.RP No. 283 of 2023 C/W CRL.RP No. 340 OF 2023 4. The terms and conditions of the compromise are legal and equitable. Placing the joint memo on record,
Decision
the revision petition stand disposed of in terms thereof. 5. In the light of the settlement entered into between the parties, the following: ORDER i. The petition is allowed. ii. The impugned judgment and order dated 08.11.2021 in C.C.No.578/2013 on the file of Civil Judge and JMFC, Bagepalli, and judgment and order dated 26.12.2022 in Crl.A.No.65/2021 on the file of III Addl.District and Sessions Judge, Chikkaballapura, are set aside. iii. The petitioner/accused is acquitted for the offence punishable under Section 138 of N.I Act. - 7 - NC: 2025:KHC:11272 CRL.RP No. 283 of 2023 C/W CRL.RP No. 340 OF 2023 iv. If the entire amount as agreed in the joint memo is paid, fine amount imposed by the trial Court, which is confirmed by the First Appellate Court to the extent of Rs.5,000/- towards defraying expenses of the State is hereby set aside. v. The Registry is directed to send back the trial Court as well as Sessions Court records along with copy of this order forthwith. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 0