Disposed

Smt. Shakunthala W/O Kallappa Hosamani v. M/S Gandhinagar Urban Co. -Operative

Karnataka HC14 Sept 2022CRL.P/102149/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a criminal petition seeking to quash proceedings under Section 138 of the Negotiable Instruments Act. The court accepted a compromise petition filed under Section 147 of the Act read with Section 482 of the Cr.P.C., noting that the full claim amount was paid and settlement terms were legal and equitable.

What did the court decide?

The petition was disposed of as having compromised based on the settlement of the claim amount.

Smt. Shakunthala W/O Kallappa Hosamani Vs… — Contract and Commercial Disputes | Karnataka HC (2022)

¶1

¶2

CRL.P No. 102149 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 14^TH DAY OF SEPTEMBER, 2022

¶5

BEFORE

¶6

THE HON'BLE MS. JUSTICE J.M.KHAZI

¶7

CRIMINAL PETITION NO. 102149 OF 2022 (482-)

¶8

BETWEEN:

¶9

SMT. SHAKUNTHALA W/O KALLAPPA HOSAMANI, AGE. 53 YEARS, OCC. HOUSEHOLD WORK, R/O. NO. 39 “SUHASWATHISHREE” BUILDING, 2^ND MAIN, 3^RD CROSS, CITB COLONY, SRINAGAR, DHARWAD-580003.

¶10

…PETITIONER

¶11

(BY SRI. SABEEL AHMED, ADVOCATE)

¶12

AND:

¶13

M/S GANDHINAGAR URBAN CO -OPERATIVE CREDIT SOCIETY LTD DHARWAD, HUNASIMARAD COMPLEX, GANDHI NAGAR, DHARWAD-580004, R/BY SHRI SHANKAR HOOLAPPA BADIGER

¶14

…RESPONDENT

¶15

(BY SRI. ARAVIND D KULKARNI, ADVOCATE)

¶16

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., SEEKING TO QUASH THE IMPUGNED ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.2390/2022 (OLD CC NO.2034/2021) PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL

¶17

¶18

CRL.P No. 102149 of 2022

¶19

JUDGE AND CJM DHARWAD FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT.

¶20

THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, COURT MADE THE FOLLOWING:

¶21

ORDER

¶22

Petitioner, who is accused in C.C.No.2390/2022 (Old C.C.No.2034/2021) on the file of the Principal Senior Civil Judge and CJM, Dharwad for the offence punishable under section 138 of Negotiable Instruments Act, 1881 (for short N.I.Act), is seeking quashing of the same contending that prima facie the complaint averments does not constitute the alleged offence. The blank cheque in question was issued by way of security and respondent has failed to establish that petitioner authorized it to fill the blank cheque and present for realization. The criminal proceedings are void ab-initio.

¶23

Respondent has appeared through counsel.

¶24

During the pendency of the proceedings, the

¶25

parties have entered into a compromise. They have filed memorandum of compromise petition under section 147 of

¶26

¶27

CRL.P No. 102149 of 2022

¶28

N.I. Act read with section 482 of Cr.P.C. The terms of

¶29

compromise are as under:

¶30

“9. That, with the leave and permission of this Hon’ble Court, the petitioner and respondent with utmost bonafide faith and belief have further agreed on the following terms and conditions:

¶31

a. That, the respondent will issue the loan closure certificate to petitioner upon the receipt of the said Demand Draft No.393096 dated 13.09.2022 within 5 days or any period as directed by this Hon’ble Court.

¶32

b. That, the respondent will issue the Mortgage release certificate/No Objection Certificate to petitioner upon the receipt of the said Demand Draft No.393096 dated 13.09.2022 within 5 days or any period as directed by this Hon’ble Court.

¶33

c. That, the respondent will submit the blank cheque secured by petitioner upon the closure of the said loan account to petitioner upon the receipt of the said Demand Draft No.393096 dated 13.09.2022 within 5 days or any period as directed by this Hon’ble Court.

¶34

d. That, the respondent shall not institute against the petitioner any other criminal or civil proceedings before this Hon’ble Court or any other Court or any other forum for thereto same loan account.

¶35

¶36

CRL.P No. 102149 of 2022

¶37

e. That, the petitioner shall not institute against the respondent any other criminal or civil proceedings before this Hon’ble Court or any other Court or any other forum for thereto same loan account.”

¶38

The parties are present before the Court and admit the compromise and execution. In full and final satisfaction of its claim, the respondent has received Demand Draft No. 393096 dated 13.09.2022 for a sum of Rs.1,75,000/-. The parties have sought for disposing of the case for having compromised. The terms of the compromise are legal and equitable.

¶39

In view of the compromise entered into between the parties, this petition is disposed of as having compromised.

¶40

In view of disposal of the petition pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

¶41

Sd/JUDGE

¶42

YAN

Smt. Shakunthala W/O Kallappa Hosamani v. M/S Gandhinagar Urban Co. -Operative

Case brief

What is this about?

What did the court decide?

Smt. Shakunthala W/O Kallappa Hosamani v. M/S Gandhinagar Urban Co. -Operative

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

T Maimunnisa Begum W/O Rahamathulla Khan Vs the State of Karnataka

Subhash S/O Vemanna Chavadi Vs Girija W/O Subhash Chavadi

Sri.Mallappa Vs Trupti W/O Mallappa Angadi

Sri Srinivas Manjunath Shetty Vs Asha Srinivas Shetty

Dr Sunanda W/O Vasant Kabbur Vs State of Karnataka

Dr Vijay S/O Pandurang Patil Vs State of Karnataka