Disposed

Sri L Chandrashekar v. Sri M S Jayaramegowda

Karnataka HC8 Apr 2022CRL.RP/289/2021

Case brief

AI extract

What is this about?

In a criminal revision petition, the Karnataka High Court allowed an application under Section 147 of the Negotiable Instruments Act to compound the offence. Based on a joint settlement memo, the petitioner was acquitted of the cheque dishonour charge.

What did the court decide?

Petitioner acquitted of offence under Section 138 NI Act; application to compound allowed; offence compounded.

Sri L Chandrashekar Vs Sri M S Jayaramegowda — Cheque Dishonour | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 8^TH DAY OF APRIL, 2022

¶4

BEFORE

¶5

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

¶6

CRIMINAL REVISION PETITION NO.289/2021

¶7

BETWEEN:

¶8

SRI L.CHANDRASHEKAR S/O LATE NINGAPPA AGED ABOUT 61 YEARS D R D O (MINISTRY OF DEFENSE) NO.36/8, PHASE-II D.R.D.O., TOWNSHIP, C.V.RAMANAGAR BENGALURU – 560 094.

¶9

R/At NO.29, KUSH, 6^TH CROSS, 2^ND MAIN BHARATH NAGAR, CHANDRAPPA BADAVANE MY FLOWER STREET, M.S.PALYA ROAD BENGALURU – 560 097. … PETITIONER

¶10

(BY SRI NATARAJA B.S., ADVOCATE)

¶11

AND:

¶12

SRI M.S.JAYARAMEGOWDA S/O LATE SHIVANNA AGED ABOUT 47 YEARS R/A NO.7, BELAKU MUNESWARA NAGARA VEERASAGARA MAIN ROAD VEERASAGAR, YELAHANKA BENGALURU. … RESPONDENT

¶13

(BY SMT. V. NAGAMANI, ADVOCATE)

¶14

¶15

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 07.02.2019 PASSED BY THE PRESIDING OFFICER, LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-65) IN CRL.A.NO.1755/2018 AND SENTENCE DATED 02.08.2018 PASSED BY THE XVIII ADDL.C.M.M., BENGALURU IN C.C.NO.21367/2017 AND THEREBY ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND ALLOW THIS CRL.RP.

¶16

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

¶17

O R D E R

¶18

Both parties and their respective counsel are present before the Court. They filed an application under Section 147 of the N.I.Act, accompanying with an affidavit before this Court seeking permission to compound the offence.

¶19

The respective counsel also filed a joint memo and it

¶20

is duly signed by both the parties and their respective counsel, stating that the matter has been settled between the parties

¶21

¶22

amicably for a sum of Rs.1,20,000/- as full and final settlement. Out of Rs.1,20,000/-, a sum of Rs.30,000/- has already been deposited before the Trial Court. The petitioner has no objection to withdraw the same by the respondent. The balance amount is payable in four installments by way of Demand Drafts i.e., on 10.05.2022 – Rs.30,000/-; 10.06.2022 – Rs.20,000/-; 10.07.2022 – Rs.20,000/- and 10.08.2022 – Rs.30,000/-.

¶23

The joint memo is accepted, subject to payment of the amount as narrated in the joint memo. If the petitioner fails to pay the amount as agreed he has to undergo simple imprisonment for a period of six months, if any, default made in terms of the joint memo. Out of Rs.30,000/- which is in deposit before the Trial Court, the respondent is permitted to withdraw the amount of Rs.20,000/- and the remaining amount of Rs.10,000/- shall vest with the State.

¶24

The application filed under Section 147 of the N.I.Act, is allowed and permitted to compound the offence. Consequently, the petitioner is acquitted for the offence punishable under Section 138 of the N.I.Act.

¶25

¶26

5. Accordingly, the petition stands disposed of.

¶27

Sd/JUDGE

¶28

cp*

Sri L Chandrashekar v. Sri M S Jayaramegowda

Case brief

What is this about?

What did the court decide?

Sri L Chandrashekar v. Sri M S Jayaramegowda

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

Master Pavan S Vs State of Karnataka

Sri C S Tyagarajan Vs Sri B S Laxmipathy

Sridhar S Vs State of Karnataka

Smt. Mamatha J., Vs State of Karnataka

Smt Adilakshmi Vs Mr Ramesh Babu

The State by Vs Khader Hussain @ Suresh @ Khader