CRL.A/968/2013 of SMT.SHASHI KIRAN Vs SRI.C.CHANDRASHEKAR on 23 September 2026

ORDER

DATED 22.11.2019.]

CRL.A. FILED U/S.374(2) CR.P.C BY THE ADV. FOR THE APPELLANT/ACCUSED PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 2.09.2013 PASSED BY THE LI ADD. C.C. AND S.J., BANGALORE CITY IN CRL.A.NO.111/2013 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT AND CONFIRM THE ORDER OF ACQUITTAL DATED 1.02.2013 PASSED BY THE XXI ADDL. SMALL CAUSE JUDGE AND XIX ADDL. C.M.M., BANGALORE IN C.C.NO.25347/2007.THE APPELLANT/ACCUSED ARE SENTENCED TO PAY FINE OF RS.2,50,000/-, IN DEFAULT TO PAY FINE, THEY SHALL UNDERGO S.I. FOR 3 MONTHS FOR THE OFFENCE P/U/S 138 OF N.I.ACT.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

HC-KAR

ORAL JUDGMENT

1. Both parties along with their counsels are present and filed a Joint Compromise Petition under Section 147 of the Negotiable Instruments Act. Same reads as hereunder:

"The Appellant and Respondents beg to submit as follows:

1. The Respondents initiated the proceedings against the appellant for an offence punishable under Section 138 of N.I.Act for a cheque of Rs.2,00,000/-. in C.C.No.25347/2007 before the Hon'ble XXI Addl. Small Causes Judge and XIX Addl. Chief Metropolitan Magistrate, Bengaluru, after full pledged trial the Hon'ble Trial Court acquitted the appellant dated 01- 02-2013.

2. The Respondents have preferred an appeal before Hon'ble LI Addl. City Civil and Sessions Judge, at Bengaluru in Crl.Appeal No.111/2013 for set aside the order of acquittal passed by the Hon'ble Trial Court, the same was allowed by the 1st Appellate Court, by convicting the appellant sentence to pay a fine of Rs.2,50,000/- order to be given to the respondents as a compensation under the provisions

HC-KAR

under Section 357 Cr.P.C. out of Rs.2,45,000/- to the complainant and Rs.5,000/- to the State expense and in default to pay the fine amount, the appellant shall undergo Simple Imprisonment for three months.

3. The appellant filed the appeal before this Hon'ble Court in Crl.Appeal No.968/2013 setting aside the order of conviction and sentence of fine along with I.A.No.1 for suspend the sentence and the same was allowed subject to the deposit of 50% of fine amount of Rs.1,25,000/- and the same was deposited before the Trial Court.

4. The appellant had agreed to pay Rs.2,10,000/- to the respondents towards full and final settlement of this compromise petition. Out of the above settlement amount, the appellant has already deposited for a sum of Rs.1,25,000/- in the trial court and the same may be released to the Respondent No.1(a) Smt. Radhika and the appellant shall pay the balance amount of Rs.85,000/- to the LRs of the Respondents within two months from today.

5. In the event, failure on the part of the appellant to pay the aforesaid amount the respondent is at liberty

HC-KAR

to take suitable action against the appellant as per law.

WHEREFORE, I pray that this Hon'ble Court be pleased to permit the appellant and the LRs of the Respondent to compromise the above case and set aside the order dated 02-09-2013 in Crl.Appeal No.111/2013 of conviction passed by the L1 Addl. City Civil and Sessions Judge, Bengaluru and acquit the appellant herein and also concerned order of acquittal passed by the learned XXI Addl. Small Causes Judge, Bengaluru and XIX ACMM, Bengaluru in C.C.No.25347/2007 by an order dated 01.2.2013, in the interest of justice."

2. The contents of a Joint Compromise Petition have been read over and explained to both parties. Both parties have agreed voluntarily to record the compromise. Hence, I proceed to pass the following:

O R D E R

(i) The Joint compromise petition filed under Section 147 of NI Act, is allowed;

(ii) Compromise recorded;

HC-KAR

(iii) The judgment dated 02.09.2013 passed in Crl.A.No.111/2013 by the LI Addl. City Civil and Sessions Judge, Bangalore Cit, is hereby set aside;

(iv) Accused is acquitted for the offence under Section 138 of NI Act in terms of compromise petition;

(v) The trial Court is directed to refund the amount of Rs.1,25,000/- deposited in QR No. 02087075 dated 30.11.2013, in favour of R1(a)- Smt. Radhika, W/o late Chandrasekhar;

(vi) Appellant shall pay the balance amount to the LRs of respondent within 2 months from today.

The Registry is directed to communicate this order along with Trial Court Records to the concerned Court.

Sd/- (G BASAVARAJA) JUDGE

DHA LIST NO.: 1 SL NO.: 32