Allowed

Sri Vyasaraj K R v. Sri M K Sanna Lingappa

Karnataka HC2 Feb 2021CRL.RP/275/2018

Case brief

AI extract

What is this about?

In this Criminal Revision Petition filed under CrPC 397 read with 401, the High Court allowed the application to compound the offence under Section 147 of the Negotiable Instruments Act. The court set aside the conviction and sentence confirmed in appeal, acquitting the petitioner due to an amicable settlement where the respondent acknowledged full payment.

What did the court decide?

Petitioner acquitted; judgment of appellate court and trial court confirmed herein is set aside; revision petition allowed.

Sri Vyasaraj K R Vs Sri M K Sanna Lingappa — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 02^ND DAY OF FEBRUARY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

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CRIMINAL REVISION PETITION NO.275 OF 2018

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BETWEEN:

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SRI VYASARAJ K R, S/O K.S. RAGHAVENDRA RAO, AGED ABOUT 56 YEARS, R/AT NO.712, 1ST C MAIN ROAD, 2ND PHASE GIRINAGAR, BENGALURU-560085. ...PETITIONER

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(BY SRI S G RAJENDRA REDDY, ADVOCATE)

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AND:

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SRI M K SANNA LINGAPPA, S/O M.K.ADEPPA, AGED ABOUT 71 YEARS R/AT NO.22 AND 23, GURUKRUPA, 2ND CROSS, 2ND MAIN, GOVINDA REDDY LAYOUT, 1ST PHASE, AREKERE MICO LAYOUT, BANNERGHATTA ROAD, BENGALURU-560079. …RESPONDENT

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(BY SRI R SWAMYNATHAN, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 08.02.2018 CONFIRMING THE TRIAL COURT

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ORDER IN CRL.A.NO.625/2016 BY LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH-62) AND THE CONVICTION ORDER PASSED BY HON’BLE XXI A.C.M.M., BANGALORE DATED 03.05.2016 IN C.C.NO.16276/2015.

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

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ORDER

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The revision petitioner, respondent and their respective counsels are present before the Court.

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Application under Section 147 of the Negotiable Instruments Act is filed for compounding the offence and for setting aside the judgment and order passed by the Courts below.

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It is stated in the application that the petitioner has filed the Criminal Revision Petition against the judgment and order dated 08.02.2018 passed by the XLI Addl. City Civil & Sessions Judge, Bengaluru City (CCH-62), wherein the appellate Court dismissed the appeal filed by the petitioner and confirmed the judgment passed by the trial Court in C.C. No.16276/2015 dated 03.05.2016. The trial Court convicted the petitioner for

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the offence under Section 138 of the Negotiable Instruments Act and sentenced to pay total fine amount of Rs.10,35,000/-, in default, to undergo simple imprisonment for a period of 10 months. Out of the total fine amount of Rs.10,35,000/-, a sum of Rs.10,25,000/- to be paid to the complainant and the balance amount of Rs.10,000/- to be remitted to the state.

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The revision petitioner and respondent have amicably settled their dispute. The revision petitioner has deposited a sum of Rs.5,10,000/- and a sum of Rs.1,06,000/- before the trial Court in C.C. No.16276/2015 on the file of the XXI Addl. Chief Metropolitan Magistrate, Bengaluru City, and has also paid a sum of Rs.2,00,000/- in cash. For payment of the balance amount of Rs.2,09,000/-, the petitioner has handed over a Demand Draft for a sum of Rs.2,00,000/- and has paid a sum of Rs.9,000/- in cash. The respondent acknowledges the said payments and submits that he has no objection for setting aside the entire judgment and order passed by the Courts below.

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The revision petitioner has no objection for

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withdrawal of a sum of Rs.6,16,000/- by the respondent / complainant, which is in Court deposit.

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In view of submission of the parties and their respective counsels, application under Section 147 of the Negotiable Instruments Act, is allowed. Accordingly, this Court proceeds to pass the following:

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i. The Criminal Revision Petition is allowed.

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ii. The judgment dated 08.02.2018 passed in Criminal Appeal No.625/2016 by the LXI Addl. City Civil & Sessions Judge, Bengaluru City (CCH-62) and the judgment of conviction and order of sentence dated 03.05.2016 passed in C.C. No.16276/2015 by the XXI Addl. Chief Metropolitan Magistrate, Bengaluru City, are set aside.

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iii. The revision petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act.

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Sd/JUDGE

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Sri Vyasaraj K R v. Sri M K Sanna Lingappa

Case brief

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Sri Vyasaraj K R v. Sri M K Sanna Lingappa

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