SMT.PARVATHI V. D/O SRI VENKATASWAMY vs SMT.DEEPA D/O SRI JAYARAMAPPA

Heard the learned Counsel appearing for the petitioner/ accused and the complainant/respondent.

In this revision petition, the judgment of conviction and sentence passed by the XIV A.C.M.M., Bangalore, in C.C.No.53241/2014 dated 29.6.2016 is under challenge.

Today the revision petitioner/accused Smt.Parvathi.V and the respondent/complainant Smt.Deepa are present before the Court and are identified by their learned counsel. They have filed a joint memo which reads thus:-

" The Petitioner and Respondent above named respectfully submits as follows:

"1. The Respondent herein instituted a Complaint in C.C.No.53241/2014 on the file of Hon''ble XIV Additional Chief Metropolitan Magistrate, Mayo-Hall, Bangalore under Section 138 of the N.I.Act in respect of cheques bearing No.115002 & 115003 dated 26/12/2013 & 1.1.2014 for a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) each drawn on Dena Bank, Kodihalli Branch, Bangalore. The Learned trial Judge convicted the Petitioner herein for the aforesaid offence on 29/06/2016 and the same was confirmed in Crl. Appeal No.25042/2016 by its order dated 14/09/2016 passed by the Additional City Civil & Sessions Judge, Bangalore (C.C.H. No.22).

Now the parties are agreed to settle the matter amicably and the Petitioner is paying total a sum of Rs.2,10,000/- (Rupees Two Lakhs Ten Thousand Only) against the afore said cheques amount to the Respondent, out of which Rs.1,96,000/- (Rupees One Lakh Ninety Six Thousand Only) by way of D.D. is as under;

(i) D.D.No.015474 dated 05/12/2016 for Rs.49,000/- drawn on IDBI Bank of Respondent.

(ii) D.D.No.562556 dated 15/12/2016 for Rs.49,000/- drawn on Corporation Bank of Respondent.

(iii) D.D.No.562558 dated 16/12/2016 for Rs.49,000/- drawn on Corporation Bank in favour of Respondent.

(iv) D.D.No.562564 dated 17/12/2016 for Rs.49,000/- drawn on Corporation Bank in favour of Respondent.

The remaining amount of Rs.14,000/- is paid by way of cash as one time settlement. The Respondent is agreed to receive the same as full and final settlement and acknowledges the same. The Respondent has no objection to allow the above revision petition.

Hence it is most respectfully prays that this Hon''ble Court is pleased to allow the Petition and to set aside the Judgment of Conviction dated 29/06/2016 passed by C.C.No.53241/2014 on the file of the Hon''ble XIV Additional Chief Metropolitan Magistrate, Mayo-Hall, Bangalore which is confirmed by the Additional City Civil & Sessions Judge, Bangalore (C.C.H. No.22) in Crl. Appeal No.25042/2016 by its Order dated 14/09/2016, and dismiss the complaint in the interest of justice".

In the light of the above, the revision petition is allowed. The judgment of conviction and sentence passed by the XIV A.C.M.M., Bangalore, in C.C.No.53241/2014, is set aside. The petitioner/accused is acquitted of the charges.