Allowed

R Raghu v. Srinivasan P

Karnataka HC21 Apr 2022CRL.RP/245/2021

Case brief

AI extract

What is this about?

In C.R.P. No. 245/2021, the Karnataka High Court disposed of a criminal revision petition filed against a conviction under Section 138 of the Negotiable Instruments Act. Allowing a settlement application filed by the parties under Section 147 of the Act, the Court ordered the petitioner's acquittal conditional upon payment of a fine and deposit of the balance settlement amount within one week.

What did the court decide?

Revision petition disposed of; applicant acquitted under S. 138 N.I. Act subject to payment of cost and deposit of remaining settlement sum.

R Raghu Vs Srinivasan P — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST 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.245/2021

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BETWEEN:

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R.RAGHU SON OF LATE RAMDAS AGED ABOUT 51 YEARS RESIDENT OF NO.5 B.M.P. BUILDING 3^RD MAIN ROAD, L.N.PURAM BENGALURU – 560001. … PETITIONER

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(BY SRI P.S.MOHAN, ADVOCATE)

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AND:

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SRINIVASAN P. SON OF LATE PANDIAN AGE ABOUT 55 YEARS R/AT NO 15/2, 4^TH CROSS KALAPPA BLOCK RAMACHANDRAPURAM BENGALURU -560021. … RESPONDENT

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(BY SMT.AKSHATHA SHETTY K., ADVOCATE FOR SRI ANJAN KUMAR B.M., ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 RW SECTION 401 OF CR.PC PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION IN CC.NO.17933/2014 DATED 03.11.2017 ON THE FILE OF XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE AND ETC.

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

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O R D E R

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The revision petitioner and the respondent along with their

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respective counsel have filed an application under Section 147 of N.I.Act stating that the matter is settled for an amount of Rs.1,30,000/- towards full and final settlement. The respondent also acknowledged the receipt of an amount of Rs.80,000/- by way of cash on different dates as mentioned in paragraph 3 of the said application. The remaining amount of Rs.50,000/- was in deposit before the Trial Court. The petitioner submits that he has no objections to withdraw the said amount. On perusal of the order of the Trial Court, it discloses that the Trial Court has imposed cost of Rs.10,000/- and the same shall vest with the State. Hence, the petitioner is directed to deposit the fine of Rs.10,000/- before the Trial Court within a period of one week from today and place the receipt for having deposited the amount in the registry. If the petitioner fails to comply with the said order, office is directed to post the matter for non-payment of cost.

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In view of the settlement arrived between the parties, the revision petition is disposed of and the application filed under Section 147 of N.I. Act is allowed and the petitioner is acquitted for the offence punishable under Section 138 of N.I.Act subject to payment of cost.

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Sd/JUDGE

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R Raghu v. Srinivasan P

Case brief

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R Raghu v. Srinivasan P

Case brief

What is this about?

What did the court decide?

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