Allowed

Mr. Vasanth Kumar v. M/S. Sriram Transport Finance Co. Ltd.

Karnataka HC10 Dec 2020CRL.RP/1276/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed this criminal revision petition where the respondent compounded the offence under Section 138 of the Negotiable Instruments Act, leading to the petitioner's acquittal and the setting aside of conviction and sentence.

What did the court decide?

The impugned orders of conviction and sentence are set aside; the petitioner is acquitted; the fine deposited, if any, shall be refunded.

Mr. Vasanth Kumar Vs M/S. Sriram Transport Finance Co. Ltd. — Cheque Dishonour | Karnataka HC (2020)

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Crl.R.P.No.1276/2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF DECEMBER 2020

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BEFORE

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THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

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CRIMINAL REVISION PETITION No.1276/2016

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BETWEEN :

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MR. VASANTH KUMAR S/O SANJEEVA POOJARY AGED ABOUT 36 YEARS R/AT SUVARNA NILAYA, KAMPA NEERMARGA VILLAGE AND POST MANGALORE TALUK DAKSHINA KANNADA– 575 029 …PETITIONER (BY SRI NAGARAJ A.C., ADVOCATE)

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AND :

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M/S.SRIRAM TRANSPORT FINANCE CO. LTD A PUBLIC LTD. COMPANY HAVING ITS REGISTERED OFFICE AT NO.123 ANGAPPA NAICKEN STREET CHENNAI AND HAVING ITS BRANCH & DIVISIONAL OFFICE AT MANGALORE AND REP BY ITS OFFICER & GPA HOLDER MR.K.VASUDEVA S/O LATE K.L.BHAT AGED ABOUT 52 YEARS R/AT CHEMBU GUDDE MANGALURU – 575 006 …RESPONDENT

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(BY SRI K.PRASANNA SHETTY, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 23.10.2014 PASSED BY THE JMFC IV COURT. D.K, MANGALORE IN C.C.NO.734/2014

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Crl.R.P.No.1276/2016

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AND ORDER DATED 30.05.2016 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE., D.K., MANGALORE IN CRL.A.NO.268/2014.

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THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Learned HCGP submits the report of the concerned police regarding non-execution of the

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warrant.

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Learned Counsel for the petitioner files memo along with copy of a letter reporting that the parties have settled the matter. Learned Counsel for the respondent submits letter addressed to him by the respondent to the effect that the petitioner has settled the loan account and having regarding to the payment made, the respondent will not proceed further for recovery of the loan account in the above revision petition.

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By the impugned order, the petitioner was convicted and sentenced for the offence punishable under Section 138 of the Negotiable Instruments Act,

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Crl.R.P.No.1276/2016

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1881 (‘the Act’ for short). Section 147 of the Act permits the parties to compound the offence punishable under Section 138 of the Act. Since the respondent has compounded the matter, the petition is allowed.

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The impugned orders of conviction and sentence passed against the petitioner by the trial Court and confirmed by the First Appellate Court are hereby set aside.

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The petitioner is acquitted of the offences punishable under Section 138 of the Negotiable Instruments Act, 1881.

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The fine amount deposited if any shall be refunded to the petitioner.

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Since the warrant is returned, the question of recalling that does not survive.

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Sd/JUDGE

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KSR

Mr. Vasanth Kumar v. M/S. Sriram Transport Finance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Vasanth Kumar v. M/S. Sriram Transport Finance Co. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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