K.VIJAYA SATHYASAI vs A.S.MALLIKARJUN SWAMY

The petitioner and respondent are present before the Court. Both of them have field a joint memo stating that the respondent has agreed to

receive a sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) in final settlement with regard to two cheques involved in C.C.No.73 of

2015 and C.C.No.72 of 2015 on the file of the Additional Second Civil Judge and J.M.F.C., Mysuru and the petitioner has also agreed to pay the

said amount of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) on or before 31st July, 2018. The petitioner has also agreed to deposit the

fine amount of Rs.5,000/- (Rupees Five Thousand only) each before the Trial Court on or before 31st July, 2018, as per the judgment and

sentence of the Trial Court.

In view of the above said facts and circumstances, there is no embargo to dispose of the above said matters.

Perused the materials on record. In Crl.R.P.No.250 of 2017, which is arising out C.C.No.72 of 2015 wherein the Trial Court has imposed a

fine of Rs.1,00,000/- (Rupees One Lakh only) to the complainant (petitioner herein) and out of the fine amount ordered, Rs.95,000/- (Rupees

Ninety Five Thousand only) to be payable in favour of the respondent herein, and Rs.5,000/- (Rupees Five Thousand only) as fine to the State.

In C.C.No.73 of 2015, on the file of the same Court, in connection with the other cheque, the Trial Court has ordered a fine amount of

Rs.1,60,000/- (Rupees One Lakh Sixty Thousand only) out of that, Rs.5,000/- (Rupees Five Thousand only) shall be deposited to the State and

remaining Rs.1,55,000/- (Rupees One Lakh Fifty Five Thousand only) shall be payable as compensation in favour of the respondent herein.

Agreeing to the above said sentence, the petitioner herein has to pay the entire amount of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand

only) as compensation to the respondent and Rs.10,000/- (Rupees Ten Thousand only) towards fine to the State.

In the above said circumstances, the order of the Trial Court requires to be confirmed by virtue of the above said compromise granting time to

the petitioner to pay the said amount of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) as compensation to the respondent herein and also

shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) each in the above said two criminal cases towards fine to be deposited to the State,

before the Trial Court, by virtue of the above said facts and circumstances, the above said two revision petitions are disposed of by the following

order:

ORDER

i) The judgment and sentence passed by the Trial Court in C.C.No.72 of 2015 and C.C.No.73 of 2015 on the file of the Additional Second Civil

Judge and J.M.F.C., Mysuru are hereby confirmed.

ii) Consequently, the revision petitions are disposed of directing the petitioner herein to deposit an amount of Rs.2,50,000/- (Rupees Two Lakh

Fifty Thousand only) towards compensation and Rs.5,000/- (Rupees Five Thousand only) each in the above said case as fine to the State on or

before 31st July, 2018 as agreed upon.

iii) The petitioner, if fails to make such payment on or before 31st July, 2018, the respondent herein is at liberty to execute the order of the Trial

Court in accordance with law before the Trial Court itself.

Accordingly, both the above said revision petitions are disposed of.

If any amount is already deposited by the petitioner before the Trial Court, the respondent herein is at liberty to take that amount and the Trial

Court is hereby directed to release the said amount in favour of the respondent.