Allowed

Sri Sannaerappa v. M/S Manappuram Chits (K) Pvt. Ltd.

Karnataka HC16 Aug 2022CRL.RP/49/2022

Case brief

AI extract

What is this about?

In a criminal revision regarding cheque dishonour under Section 138 of the N.I.Act, the High Court allowed the petitioner's application under Section 147. The court noted the matter was settled after the cheque amount was deposited, acquitted the petitioner, and set aside previous convictions.

What did the court decide?

Petitioner acquitted of Section 138 offence; impugned conviction and sentence set aside; Rs.10,000 cost ordered to be recovered from deposit.

Sri Sannaerappa Vs M/S Manappuram Chits (K) Pvt. Ltd. — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF AUGUST 2022

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BEFORE

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THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL REVISION PETITION NO. 49 OF 2022

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BETWEEN:

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SRI SANNAERAPPA (SANNAVIRAPPA AS MENTIONED IN CC) S/O ERAPPA, AGED ABOUT 50 YEARS NO.203/10, LAKSHMI NILAYA B. H. PETROL BUNK, NADUVANAHALLI CHIKKANAYAKANAHALLI TUMKUR 572214 … PETITIONER

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(BY SRI.B.C.VENKATESH, ADVOCATE) AND: M/S MANAPPURAM CHITS (K) PVT LTD., REGISTERED OFFICE AT NO. 34 2^ND FLOOR, 10^TH B MAIN OPP: COSMO CLUB, JAYANAGARA 3^RD BLOCK BANGALORE 560011, BRANCH - BANASHANKARI REPRESENTED BY ITS ASSISTANT LEGAL MANAGER SRI RAMESHA D.K … RESPONDENT

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(BY SRI.LINGARAJ, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT BY ALLOWING THE JUDGMENT DATED 18.05.2021 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-60) IN CRL.A.NO.2562/2018, CONSEQUENTLY DISMISSING THE JUDGMENT DATED 20.11.2018 PASSED BY THE XX ADDITIONAL SMALL CAUSES JUDGE AND XVIII ADDL.C.M.M. AND M.A.C.T., BENGALURU (SCCH-22) IN C.C.NO.1170/2018 BY ACQUITTING THE PETITIONER AND ETC.

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THIS CRIMINAL REVISION PETITION IS COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING;

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ORDER

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This revision petition is preferred against the judgment and order dated 20.11.2018 passed by the court of XX Addl. Small Causes Judge and XVIII A.C.M.M & Member M.A.C.T., Bengaluru in Criminal Case No.1170/2018 and the judgment and order dated 18.05.2021 passed by the court of LIX Addl. City Civil & Sessions Judge Bangalore City in Crl.Appeal No.2562/2018.

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Vide impugned orders, Trial court convicted the petitioner/accused for the offence punishable under Section 138 of the N.I.Act, which is confirmed by the Appellate court.

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The cheque amount involved is 1,10,344/-. The learned Magistrate has sentenced the accused to undergo SI for a period of six months and to pay fine of 1,10,344/and in default of payment of fine amount to undergo further SI for a period of two months. Out of the fine amount, the

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complainant was ordered to be paid a sum of 1,00,344/and remaining amount of 10,000/- was ordered to be confiscated to the State.

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Learned counsel appearing on both sides have filed an application under Section 147 of the N.I.Act, 1881 praying to compound the offence and consequently to acquit the accused. The said application is signed by the petitioner as well as the respondent, who are present before the court.

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It is stated that the petitioner filed a memo dated 21.01.2020 before the appellate court along with the acknowledgement for having paid the amount of 1,25,000/- as against the cheque amount of 1,10,344/-. The respondent/company on verification of the receipt of payment made by the petitioner vide receipt No.22254 dated 07.01.2020, confirmed the same and therefore respondent company has no objection in allowing the present petition.

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Learned counsel for the respondent submits

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that the matter has been settled out of the court and there

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is no liability on the part of the petitioner towards the respondent/company.

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The material on record would disclose that the matter was settled between the parties on 07.01.2020 itself and in this regard a memo was filed on 21.01.2020, when the matter was pending before the Appellate Court. It is submitted by the learned counsel for the petitioner that 20% of the cheque amount has been deposited before the Trial Court by virtue of order passed by the Appellate court.

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In the facts and circumstances of the case, it is

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just and proper to impose a cost of `10,000/- on the petitioner/accused.

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Hence, the following:

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ORDER

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i. The application filed under Section 147 of NI Act, 1881 is allowed. Consequently, the petition is allowed .

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ii. The judgment and order of conviction and sentence dated 20.11.2018 passed by the court of XX Addl. Small Causes Judge and XVIII A.C.M.M & Member M.A.C.T., Bengaluru in Criminal Case No.1170/2018

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and the judgment and order dated 18.05.2021 passed by the court of LIX Addl. City Civil & Sessions Judge Bangalore City in Crl.Appeal No.2562/2018 are hereby set aside.

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iii. The petitioner/accused is acquitted of the offence punishable under Section 138 of the NI Act.

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iv. The learned Magistrate shall recover a sum of Rs.10,000/- (Rupees Ten Thousand Only) out of the amount which is in deposit before the trial court and shall transmit the same to the State Legal Services Authority and the balance amount shall be released in favour of the petitioner/accused.

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Pending I.A., if any, is disposed of.

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Sd/JUDGE

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Sri Sannaerappa v. M/S Manappuram Chits (K) Pvt. Ltd.

Case brief

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Sri Sannaerappa v. M/S Manappuram Chits (K) Pvt. Ltd.

Case brief

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