Sessions Court set aside conviction and judgments dismissing appeal in cheque bouncing case. Petitioner acquitted upon deposit of settlement amount and permission to compound offence.
Petitioner acquitted; convictions and impugned orders set aside; deposited amount released.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL REVISION PETITION No.225 OF 2019
BETWEEN
Sri Bhuvanesh, S/o Veerabraiah, Aged about 48 years, Proprietor of A.V. Developers, No.98/1, 2nd Floor, Sarjapura Main Road, Koramangala, 1st Block, Jakkasandra, Bengaluru-560034.
…Petitioner
(By Sri Srinivas N., Advocate)
AND
Inayath Ulla Khan, S/o Late Ahmed Ulla Khan, Aged about 65 years, Residing at Khan Cottage, No.289/A, 60 feet Road, Talakaveri Layout, Amruthahalli, Byatarayanapura, Bengaluru-560092.
…Respondent
(By Sri Syed Suhail Ali, Advocate)
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This Criminal Revision Petition is filed under Section 397 read with 401 Cr.P.C praying to set aside the order dated 13.12.2018 passed by the Hon’ble Court of the LXIII Additional City Civil and Sessions Judge at Bengaluru (CCH-64), in Criminal Appeal No.906/2017, who was pleased to dismiss the said appeal by confirming the order dated 02.06.2017, passed by the Hon’ble court of the XII Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.33484/2014.
This Criminal Revision Petition coming on for admission this day, the court made the following:
ORDER
The petitioner having suffered judgment of
conviction in relation to offence under section 138 of the Negotiable Instruments Act in C.C.33484/2014 on the file of XII ACMM, Bengaluru, preferred an appeal, i.e., Criminal Appeal 906/2017 to the Court of Additional City Civil and Sessions Judge (CCH-64), Bengaluru. By judgment dated 13.12.2018 the appellate court confirmed the judgment of conviction
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and hence the petitioner has preferred this revision petition.
petitioner and Sri Syed Suhail Ali, learned counsel for the respondent are present before the court. A joint memo has been filed by the parties who are present before the court. According to the joint memo, the petitioner and the respondent have settled the matter. The respondent is receiving total amount of Rs.20,00,000/- in five installments commencing from 30.1.2022. The respondent confirms the same.
record. Respondent is permitted to compound the offence. Consequently, the judgment of conviction against the petitioner passed by the trial court and the judgment of the Sessions Court confirming the judgment of Magistrate are set aside. The petitioner
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is acquitted of the offence under section 138 of the
Negotiable Instruments Act.
preferred this revision petition, he deposited an amount of Rs.5,00,500/- vide three demand drafts in the trial court. Respondent has no objection for withdrawing this deposited money by the petitioner. Therefore the trial court is hereby directed to release the entire deposited amount in favour of the petitioner.
Sd/JUDGE
ckl
1 issue framed by the court
Whether the petitioner is entitled to be acquitted upon settlement of the dispute and compounding of the offence.
2 provisions across 2 enactments
Sri Bhuvanesh
Inayath Ulla Khan
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
