Allowed compound of cheque dishonour offence under Section 138 N.I. Act on payment of outstanding amount. Set aside conviction and acquitted petitioner.
Application to compound under Section 147 N.I. Act allowed; conviction set aside; petitioner acquitted of offence under Section 138 N.I. Act.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL REVISION PETITION NO.484/2018
BETWEEN:
SRI T.R. PRASAD, S/O T.N. RANGASWAMY, AGED ABOUT 47 YEARS, RESIDING AT NO.107, 2ND CROSS, 5TH BLOCK, NAGARABHAVI II STAGE, BENGALURU-560072. ...PETITIONER
(BY SRI PRABHULINGA MURTHY B.R., ADVOCATE)
AND:
SRI C.B. MADAPPA, S/O LATE BOPAIAH, AGED ABOUT 79 YEARS, RESIDING AT NO.629, 6TH MAIN, 12TH CROSS, MICO LAYOUT, BTM 2ND STAGE, BENGALURU-560076. ...RESPONDENT
(BY SRI AIYANNA J.M., ADVOCATE FOR M/S. M.T. NANAIAH ASSOCIATES)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTIONS 397 READ WITH 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 23.03.2016, PASSED IN C.C.NO.11143/2012 ON THE FILE OF THE XIX A.C.M.M., BANGALORE CITY AND ORDER PASSED IN CRIMINAL APPEAL NO.483/2016 ON THE FILE OF THE LXIX ADDITIONAL CITY CIVIL
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AND SESSIONS JUDGE (CCH-70) BY CONFIRMING THE ORDER DATED 24.03.2018 PASSED IN C.C.NO.11143/2012 ON THE FILE OF THE XIX A.C.M.M., BANGALORE BY ALLOWING THIS CRIMINAL REVISION PETITION AND BY DISMISSING THE COMPLAINT UNDER SECTION 200 OF CR.PC ALLEGING THE OFFENCE UNDER SECTION 138 OF N.I ACT FILED BY THE RESPONDENT AND ACQUITTING THE PETITIONER BY ALLOWING THIS CRIMINAL REVISION PETITION WITH COST.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Both the learned counsel for the parties and the petitioner
are present before the Court.
Negotiable Instruments Act (‘N.I. Act’ for short) read with Section 320 of Cr.P.C. praying this Court to permit to compound
the offence under Section 138 of the N.I. Act. In support of the application, an affidavit is also filed stating that settlement is arrived between the parties. A joint memo is also filed by the parties and in terms of the joint memo, the petitioner has agreed to pay the cheque amount of Rs.6,00,000/- to the respondent.
The petitioner has already deposited 50% of the cheque amount before the Trial Court and the complainant/respondent has withdrawn the amount deposited before the Trial Court. The
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petitioner has paid the amount of Rs.1,50,000/- by way of cash to the respondent in the Execution Court and an amount of 50,000/- is paid by the petitioner to the respondent on 07.04.2022 by way of cash and Rs.1,00,000/- is paid on 13.04.2022 by way of cash. The learned counsel for the respondent acknowledges the receipt of the said amount and prayed to set aside the order of conviction and acquit the petitioner.
under Section 147 of N.I. Act read with Section 320 of Cr.P.C. is allowed. Consequently, the judgment of conviction and sentence passed against the petitioner is hereby set aside. The petitioner is acquitted for the offence punishable under Section 138 of the N.I. Act. The petitioner has agreed to pay the fine amount of Rs.5,000/- before the Trial Court within one week and also
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undertakes to produce the receipt for having deposited the amount within one week. If the receipt is not produced before the Court, the office is directed to put up the file before the Court.
Sd/JUDGE
MD
1 issue framed by the court
Whether the offences under Section 138 of the N.I. Act are compoundable and the petition to compound and acquit the petitioner is maintainable.
3 provisions across 2 enactments
Sri T.R. Prasad
Sri C.B. Madappa
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
