Allowed

M Prasad v. B Janaradhana

Karnataka HC10 Feb 2021CRL.RP/565/2018

Case brief

AI extract

What is this about?

Criminal Revision Petition allowed under Section 397 r/w 401 Cr.P.C. due to settlement between parties. Order of XV A.C.M.M. and XXV Additional Sessions Judge acquitting petitioner in Cheque Dishonour case set aside. Petitioner acquitted.

What did the court decide?

Revision petition allowed; acquittal of petitioner under Section 138 NI Act confirmed despite set aside of lower acquittal; respondent to withdraw deposited amount.

M Prasad Vs B Janaradhana — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH 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.565 OF 2018

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BETWEEN:

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M PRASAD, AGED ABOUT 49 YEARS, S/O LATE T MUNISWAMY, RESIDING AT NO 28, E MAIN, NANDA GOKULA LAYOUT, SHYAMPURA EXTENSION, ARABIC COLLEGE POST, NEAR L R BANDE BUS STOP, BANGALORE – 560045. ...PETITIONER

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(BY SRI PRAVEEN C AND VENUGOPAL RAO K, ADVOCATES)

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AND:

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B JANARADHANA, AGED ABOUT 59 YEARS, S/O T BALAKRISHNA NO 24, 2ND CROSS, KRISHNAMMA GARDEN, ANJENYA BLOCK, BENSON TOWN POST, BANGALORE – 560046. …RESPONDENT

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(BY SRI L.S.VENKATAKRISHNA AND N KUMAR, ADVOCATES)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 03.12.2015 IN C.C.NO.26969/2014 BY THE LEARNED XV A.C.M.M., BANGALORE IN CRL.A.NO.3/2016 DATED 17.04.2018 BY THE LEARNED LXI ADDITIONAL SESSIONS JUDGE, BANGALORE, ACQUIT THE PETITIONER.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING THROUGH VIDEO CONFERENCE:

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ORDER

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The petitioner and respondent have filed a joint memo wherein it is stated that the respondent has agreed to receive a sum of Rs.1,57,500/- deposited by the petitioner in C.C. No.26369/2014 before the XV A.C.M.M. Court, Bengaluru and he has no claim against the petitioner except the said amount.

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The respondent before the Court submits that he has no objection to set aside the order passed by the Courts below. The petitioner submits that he has no objection to release the deposited amount in favour of respondent in C.C. No.26369/2014.

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In view of submission of the counsels, the joint memo is placed on record. The revision petition is allowed. The order

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dated 03.12.2015 in C.C. No.26369/2014 passed by the XV A.C.M.M. Court, Bengaluru and the order dated 17.04.2018 passed in Criminal Appeal No.3/2016 by the LXI Additional City Civil and Sessions Judge, Bengaluru, are set aside. The revision petitioner is acquitted of the offence alleged under Section 138 of the Negotiable Instruments Act.

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The respondent is at liberty to withdraw the amount deposited in C.C. No.26369/2014 before the XV A.C.M.M. Court, Bengaluru.

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Sd/JUDGE

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ykl

M Prasad v. B Janaradhana

Case brief

What is this about?

What did the court decide?

M Prasad v. B Janaradhana

Case brief

What is this about?

What did the court decide?

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