Allowed

Chikkarasegowda v. Sagar C

Karnataka HC26 Jul 2021CRL.RP/682/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a Criminal Revision Petition filed under Sections 397 and 401 Cr.P.C. challenging an upheld conviction for cheque dishonour. Upon receipt of a joint compromise application under Section 147 of the N.I. Act settling the dispute, the court acquitted the accused, set aside the sentence, and cancelled bail bond.

What did the court decide?

Revision petition allowed; conviction and sentence set aside; accused acquitted under Section 138 N.I. Act; bail bond cancelled.

Chikkarasegowda Vs Sagar C — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF JULY, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE K.NATARAJAN

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CRIMINAL REVISION PETITION NO.682 OF 2021

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BETWEEN

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CHIKKARASEGOWDA S/O. LATE PUTTEGOWDA, AGED ABOUT 52 YEARS, R/AT SUBBEGOWDANA KOPPALU VILLAGE, SALIGRAMA HOBLI, K.R. NAGAR TALUK, MYSURU – 571 604.

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... PETITIONER

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(BY SRI PRITHVI RAJ B.N., ADVOCATE)

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AND

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SAGAR C. S/O. LATE CHANDRASHEKARACHAR, AGED ABOUT 32 YEARS, R/AT SHEEGAVALU VILLAGE, SALIGRAMA HOBLI, K.R. NAGAR TALUK, MYSURU - 571 604.

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...RESPONDENT

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(BY SMT. ASHWINI S., HCGP)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTIONS 397 AND 401 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT DATED 15.03.2021 PASSED BY THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU SITTING AT HUNSUR IN CRL.A.NO.145/2019 WHEREBY THE APPELLATE COURT HAS CONFIRMED THE JUDGMENT OF CONVICTION DATED 10.12.2018 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT K.R.NAGAR IN C.C.NO.681/2016 CONVICTING THE

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PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I. ACT.

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THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner and respondent have filed a joint compromise application under Section 147 of the Negotiable Instruments Act, 1881 (for short ‘N.I. Act’) for compounding the offence.

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2. This revision petition is filed by the petitioner-

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accused under Section 397 of Cr.P.C., being aggrieved by the judgment of conviction and sentence passed by the trial Court in C.C.No.681/2016 and upheld in Crl.A.No.145/2019 for the offence punishable under Section 138 of N.I. Act.

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During the pendency of this petition, both the counsel have filed a joint compromise application along with joint affidavit of the complainant and the accused.

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The affidavit reveals that the case has been settled between the parties and the respondent has no objection for allowing the petition. Hence, the compromise is accepted. Accordingly, I.A.No.1/2021 is allowed.

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In view of compromise, revision petition is allowed. The order of sentence passed by the trial Court and upheld by the First Appellant Court are hereby set aside. The petitioner-accused is acquitted under Section 138 of N.I. Act.

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Bail bond of the accused stands cancelled.

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Sd/JUDGE

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GBB

Chikkarasegowda v. Sagar C

Case brief

What is this about?

What did the court decide?

Chikkarasegowda v. Sagar C

Case brief

What is this about?

What did the court decide?

What the court decided

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