Criminal Revision petition to set aside conviction under Section 138 NI Act. Court allowed compound application upon full settlement. Acquitted petitioner subject to deposit of outstanding fine with the State.
Conviction set aside; petitioner acquitted subject to payment of fine; amount deposited in court to be released to respondent.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE H.P. SANDESH
CRIMINAL R.P. NO.37/2020
BETWEEN:
RAZIYA BEGUM W/O. MABU SAB, AGED ABOUT 46 YEARS, R/O. NO.275/1, HEAD QUARTERS, TRAINING COMMAND (UNIT) INDIAN AIR FORCE, HEBBALA, J.C.NAGAR, BENGALURU-560032
…PETITIONER
(BY SRI. SYED AKBAR PASHA, ADVOCATE)
AND:
ARJUNA G. GANACHARI S/O. GANGAPPA, AGED ABOUT 33 YEARS, R/O. NO.62/1, HEAD QUARTERS, TRAINING COMMAND (UNIT) INDIAN AIR FORCE, HEBBAL, J.C.NAGAR, BENGLURU-560032
…RESPONDENT
(SRI. VIJAYKUMAR G. BAGOJI, ADVOCATE FOR RESPONDENT)
THIS CRL. R.P. IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C. BY THE ADVOCATE FOR THE PETITONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE
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PASSED BY THE LEARNED LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-61 BENGALURU IN CRL.A.NO.62/2018 DATED 16.11.2019 ETC.,
THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE AT DHARWAD BENCH, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Both the counsels have filed an application under Section 320 of Cr.P.C. read with Section 147 of Negotiable Instruments Act and also the respective parties are present before the Court and their respective counsel would submits that, the petitioner has agreed to pay a sum of Rs.2,00,000/- as full and final settlement.
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Rs.90,000/- through RTGS to the respondent-Bank and in all paid the amount of Rs.2,00,000/-. On perusal of the order passed by the trial Court, fine of Rs.2,05,000/was imposed and out of that, Rs.2,00,000/- was ordered to the complainant.
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accused/petitioner is acquitted for the offence
punishable under Section 138 of N.I.Act, subject to payment of fine amount.
withdraw the amount which is in deposit on proper identification.
6. Registry is also directed to send the records
to the appellate Court and also the trial Court.
Sd/JUDGE
Svh
2 issues framed by the court
Whether the judgment of conviction and sentence should be set aside upon the filing of a compound application under Section 320 Cr.P.C. and Section 147 of the Negotiable Instruments Act.
Whether the petitioner is entitled to acquittal upon depositing the compensation amount and undertaking to deposit the fine.
4 provisions across 2 enactments
Razia Begum W/O. Mabu Sab
Arjuna G. Ganachari S/O. Gangappa
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
