Allowed

Sri. Madhukeshwara G M v. Sri. Harikishore

Karnataka HC22 Apr 2022CRL.RP/1108/2019

Case brief

AI extract

What is this about?

This court disposed of two criminal revision petitions regarding offences under Section 138 of the Negotiable Instruments Act. Upon hearing, the court noted that the parties had reached a settlement, with amounts deposited and a civil suit compromised. Considering the filing of an application under Section 147 of the Negotiable Instruments Act for settlement, the court acquitted the petitioners of

What did the court decide?

Petitioners were acquitted of offences under Section 138 of the Negotiable Instruments Act and the criminal revision petitions were disposed of.

Sri. Madhukeshwara G M Vs Sri. Harikishore — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF APRIL, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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CRIMINAL REVISION PETITION NO.1108/2019 C/W. CRIMINAL REVISION PETITION NO.1029/2021

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IN CRL. R.P. NO.1108/2019:

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BETWEEN:

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1 . SRI MADHUKESHWARA G.M. S/O LATE GIRIMALLAPPA MAHLINGAPPA, AGED ABOUT 49 YEARS, NO.151, ANK ROAD, GANDHINAGAR, SHIVAMOGGA CITY-577201

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2 . SRI JAYARAM RAO J, S/O NARAHARI RAO, AGED ABOUT 53 YEARS, C/O MADHUKESHWARA G.M, NO.151, ANK ROAD, GANDHINAGAR, SHIVAMOGGA CITY-577201. ...PETITIONERS

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(BY SRI VENKATESHA T.S., ADVOCATE)

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AND:

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1 . SRI HARIKISHORE S/O. B.SETTHARAMA GOWDA, AGED ABOUT 43 YEARS, NO.131, 8^TH CROSS, MCECHS LAYOUT, DR. SHIVARAMA KARANTHA NAGAR, BENGALURU-560092

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2 . MRS. BYMANA MURALI K S/O LATE BYAMANA KUTAPPA, AGED ABOUT 48 YEARS, NO.1613, "B" BLOCK, SAHAKAR NAGAR, BENGALURU-560092 ...RESPONDENTS

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(BY SRI G.KRISHNAMURTHY, SENIOR COUNSEL ALONG WITH SMT.BHAVANA G.K., ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 02.01.2017 IN C.C.NO.8176/2014, PASSED BY THE XVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU (ANNEXURE-B) AND ALSO THE ORDER DATED 09.04.2019, PASSED BY THE LEARNED SESSIONS JUDGE, LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-66), IN CRIMINAL APPEAL NO.108/2017 DATED 09.04.2019 BY ALLOWING THE ABOVE CRIMINAL REVISION PETITION.

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CRL. R.P.NO.1029/2021:

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BETWEEN:

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SMT. TARA JAYADEVAPPA W/O JAYADEVAPPA H.R., AGED ABOUT 60 YEARS RESIDING AT NO.315 CANOPY GALAXY, COFFEE BOARD LAYOUT, HEBBAL, KEMPAPURA, BENGALURU-560054. ...PETITIONER

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(BY SRI KESHAVA R. AGNI HOTRI, ADVOCATE)

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AND:

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1 . HARIKISHORE A., S/O. B.SETTHARAMA GOWDA, AGED ABOUT 42 YEARS RESIDING AT NO.131,

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8^TH CROSS, MCECHS LAYOUT, DR. SHIVARAMA KARANATH NAGAR, BENGALURU-560077.

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2 . BYMANA MURALI K., S/O LATE BYAMANA KUTTAPPA, AGED ABOUT 47 YEARS RESIDING AT NO.1611, B-BLOCK, SAHAKARINAGAR, BENGALURU-560 092. ...RESPONDENTS

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(BY SRI G.KRISHNAMURTHY, SENIOR COUNSEL ALONG WITH SMT.BHAVANA G.K., ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 02.01.2017 PASSED BY THE LEARNED XVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.8176/2014 AND CONFIRMED BY LEARNED LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN CRL.A.NO.130/2017 DATED 01.03.2021 FOR THE OFFENCE P/U/S.138 OF N.I. ACT.

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THESE CRIMINAL REVISION PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Heard both the parties and their respective counsel. The petitioner No.1 in Crl.R.P.No.1108/2019 is no more. The parties and their respective counsel are present in both the petitions.

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The parties have filed an application under Section 147 of Negotiable Instrument Act, wherein they have settled the matter for Rs.22,00,000/- as full and final settlement. The

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amount of Rs.15,00,000/- was deposited before the Trial Court in two deposits i.e., Rs.13,00,000/- and Rs.2,00,000/-. Out of which, an amount of Rs.2,00,000/- is payable in favour of the complainant No.1 and remaining amount of Rs.12,75,000/- in favour of the complainant No.2 on proper identification. The remaining amount of Rs.25,000/- out of an amount of Rs.13,00,000/- shall vest with the State. The remaining amount of Rs.7,00,000/- is paid by way of Demand Drafts as mentioned in the application.

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The petitioner in Crl.R.P.No.1108/2019 and Crl.R.P.No.1029/2021 have agreed to pay a sum of Rs.12,500/each in favour of the learned counsel for the respondents forthwith.

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The LRs of petitioner No.1 in Crl.R.P.No.1108/2019 have also filed affidavit stating no objection to pay the amount in favour of the respondents-complainants.

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In terms of the compromise, the respondentscomplainants have also agreed to withdraw the suit in O.S.No.142/2017 which is pending before the Court.

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In view of the application filed by the parties and the

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averments made in the application filed under Section 147 of Negotiable Instrument Act, the petitioners are acquitted for the offence punishable under Section 138 of the Negotiable Instrument Act.

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With these observations, the revision petitions are

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disposed of.

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Sd/JUDGE

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Sri. Madhukeshwara G M v. Sri. Harikishore

Case brief

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Sri. Madhukeshwara G M v. Sri. Harikishore

Case brief

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