High Court allowed criminal revision petition by the accused in a cheque dishonour case upon acceptance of a joint compromise filed under Section 147 of the Negotiable Instruments Act, resulting in acquittal and setting aside the conviction.
Petitioner-accused acquitted; sentence set aside; bail bond cancelled.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL REVISION PETITION NO.883 OF 2021
BETWEEN
SRI P. RAMESH S/O. PILLAPPA, AGED ABOUT 27 YEARS, RESIDING AT DABBANAHALLI VILLAGE, BUDIKOTE POST, BANGARPET TALUK – 563 114.
... PETITIONER
(BY SRI UDAYA KUMAR, ADVOCATE)
AND
SRI A. MURUGESH S/O. ANANTHA SETTY, AGED ABOUT 52 YEARS, RESIDING AT BUDIKOTE VILLAGE, BANGARPET TALUK – 563 114.
...RESPONDENT
(BY SRI VENUGOPALA G.M., ADVOCATE;
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE ORDER AND JUDGMENT PASSED BY THE HON’BLE ADDL.CIVIL JUDGE AND JMFC AT BANGARPET IN C.C.NO.534/2013 DATED 04.12.2017 AND ALSO TO SET ASIDE THE ORDER AND JUDGMENT PASSED BY THE HON’BLE III ADDL.DISTRICT AND SESSIONS JUDGE, KOLAR (SITTING AT K.G.F) IN CRL.A.NO.17/2018 BY ORDER DATED 24.06.2019, AS PER ANNEXURES - A AND B.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
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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compromise is accepted. Accordingly, I.A.No.2/2021 is allowed.
Bail bond of the accused stands cancelled.
In view of disposal of the main petition, pending I.A.No.1/2021 for suspension of sentence does not survive for consideration.
Sd/JUDGE
GBB
2 issues framed by the court
Whether criminal revision petition should be allowed in view of joint compromise under Section 147 of N.I. Act.
Whether to acquit the accused and set aside the conviction and sentence upon compromise.
4 provisions across 2 enactments
P. Ramesh
A. Murugesh
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court