Allowed

Rajaiah v. Premameri

Karnataka HC11 Feb 2021CRL.RP/232/2019

Case brief

AI extract

What is this about?

In Criminal Revision Petition, the High Court allowed the petition and parties to compound the offence under Section 138 NI Act following an amicable settlement and payment towards compensation. The court set aside the acquittal judgment and ordered further proceedings or acquittal as per compounding provisions.

What did the court decide?

Compounding of offences under Section 320 CrPC and Section 147 NI Act permitted. Petition allowed. Judgment and Orders set aside. Petitioner acquitted.

Rajaiah Vs Premameri — Cheque Dishonour | Karnataka HC (2021)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2021 BEFORE

¶2

THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CRIMINAL REVISION PETITION NO.232 OF 2019

¶3

BETWEEN:

¶4

RAJAIAH, AGED 56 YEARS, SON OF LATE DODDAHAIDAIAH, RESIDING AT HOSAKOTE VILLAGE, HANAGOD HOBLI - 571 105, HUNSUR TALUK, MYSORE DISTRICT. ...PETITIONER

¶5

(BY SRI P M NAYAK, ADVOCATE)

¶6

AND:

¶7

PREMAMERI, AGED ABOUT 46 YEARS, WIFE OF BENADIC RESIDING AT KOODLURU VILLAGE HANAGOD HOBLI, HUNSUR TALUK - 571 105.

¶8

ALSO AT NARASIMHASWAMY EXTENSION, HUNSUR TOWN, MYSORE DISTRICT. …RESPONDENT

¶9

(BY SRI MANTHESH S HOSMATH AND SYED AKBAR PASHA, ADVOCATES)

¶10

¶11

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 02.01.2019 PASSED BY THE IV ADDITIONAL SESSIONS JUDGE, MYSURU IN CRL.A.NO.32/2018 AND THEREBY SET ASIDE THE JUDGMENT DATED 30.01.2018 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C., HUNSUR IN C.C.NO.193/2012 AND THEREBY ACQUIT THE PETITIONER FOR THE CHARGES FRAMED.

¶12

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING THROUGH PHYSICAL HEARING:

¶13

ORDER

¶14

Heard.

¶15

I.A. No.1/2021 is jointly filed by the petitioner /

¶16

accused and respondent / complainant under Section 320 (2) of CrPC seeking permission to compound the offence.

¶17

I.A. No.2/2021 is also jointly filed by the petitioner / accused and respondent / complainant under Section 147 of the Negotiable Instruments Act, for compounding the offence.

¶18

It is stated that during the pendency of the revision petition, the petitioner and respondent have amicably settled their dispute. The petitioner / accused has agreed to pay a sum of Rs.2,40,000/- to the respondent / complainant towards full and

¶19

¶20

final settlement in respect of cheque bearing No.419307 dated 12.03.2012, which is subject matter of the revision petition.

¶21

The petitioner / accused has no objection for withdrawal of a sum of Rs.1,97,500/- by the respondent / complainant, which is deposited before the Prl. Senior Civil Judge & JMFC, Hunsur. Further, the respondent has also received a sum of Rs.42,500/from the petitioner.

¶22

In view of the reasons stated in the applications and submissions of the learned counsels, I.A. No.1/2021 and I.A. No.2/2021 are allowed.

¶23

Parties are permitted to compound the offence. Consequently, the Criminal Revision Petition is allowed.

¶24

The judgment and order dated 30.01.2018 passed in C.C. No.193/2012 by the Prl. Senior Civil Judge and JMFC, Hunsur and the judgment and order dated 02.01.2019 passed in Crl.A No.32/2018 by the IV Addl. Sessions Judge, Mysuru, are set aside.

¶25

¶26

Consequently, the petitioner / accused is acquitted of the offence punishable under Section 138 of the N.I. Act.

¶27

Sd/JUDGE

¶28

Rajaiah v. Premameri

Case brief

What is this about?

What did the court decide?

Rajaiah v. Premameri

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

Case details

Similar cases

Purandara Rai Vs Naveendra Naik

M S S R Chits (P) Ltd., Vs Image Aluminium

M Prasad Vs B Janaradhana

Mr. J Shankar Naidu Vs Sri. K S Nagendra

M/S Ideb Projects Private Limited Vs M/S Hdfc Bank Ltd.

State of Karnataka Vs Parvathamma