KALAVATHI Vs. SHIVAMMA

JUDGEMENT

(1.) This Criminal Revision Petition is filed under Section 397 of Code of Criminal Procedure for setting aside the order of conviction and sentence dated 15.07.2017 passed in C.C. No. 31729/2011 by the XVIII ACMM, Bengaluru, convicting the petitioner accused for the offence punishable under Section 138 of the Negotiable Instruments Act by sentencing her to pay fine of Rs.2, 20, 000/- with default sentence of one year simple imprisonment and has directed from out of the fine amount Rs. 20, 000/- has to be paid to the State, which has been affirmed in Cri. A. No. 1041/2015 by the LX Addl. City Civil and Sessions Judge, Bengaluru, by judgment dated 08.03.2016.

(2.) Since, the issue related to the amount having been borrowed by the petitioner accused from the respondent complainant and chances of settlement being bright, the matter came to be referred to the Bengaluru Mediation Centre, by order dated 10.11.2017. Pursuant to the same, parties appeared before the Bengaluru Mediation Centre and have reached an amicable settlement whereunder the petitioner accused has agreed to pay a sum of Rs. 1, 65, 000/- to the respondent complainant out of which a sum of Rs. 22, 000/- has already been deposited before the XVIII ACMM Court, Bengaluru. It is agreed between them that to end their dispute, a sum of Rs. 1, 43, 000/- would be paid by the petitioner accused to the respondent complainant before this Court. Accordingly, accused has handed over cash of Rs. 1, 43, 000/- to the respondent complainant Smt.Shivamma who is present before the Court and she acknowledges the receipt of the said amount.

(3.) The parties present before the Court are identified by their respective counsel and also undertaken by them that in order to establish their identity, they will file a memo enclosing photocopies of the identity card of the parties issued by the statutory authorities. Their submission is placed on record.