Allowed

A Krishna v. Sriram Fin Corporation

Karnataka HC22 Apr 2022CRL.RP/521/2020

Case brief

AI extract

What is this about?

The Court disposed of two Criminal Revision Petitions filed under CrPC Sections 397/401. Upon party submission that the cheque dishonour matters were settled and applications under Section 147 NI Act were made, the petitioner was acquitted in both cases. The Trial Court was directed to release the deposited amount to the respondent and the petitioner to deposit a fine of Rs.5,000 each.

What did the court decide?

Petitioners acquitted for Section 138 NI Act offences. Trial Court directed to release deposited amount. Petitioner to deposit fine of Rs.5,000 in each case.

A Krishna Vs Sriram Fin Corporation — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND 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.1183/2021 C/W. CRIMINAL REVISION PETITION NO.521/2020

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IN CRL.R.P.NO.1183/2021:

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BETWEEN:

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SMT. SHIVASHANKARI W/O. KRISHNA MURTHY AGED ABOUT 37 YEARS RESIDING AT NO.21 1^ST FLOOR, 1^ST CROSS RAJAMMA GARDEN RAJIV GANDHI ROAD JARAGANAHALLI BENGALURU - 560078 ...PETITIONER

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(BY SRI MOHAN K.N., ADVOCATE)

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AND:

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DHARMARAJ KUMBLE S/O YADHAVA KUMBLE AGED ABOUT 32 YEARS RESIDING AT NO 718/8 12^TH CROSS, SHARADAMMA GARDEN BENDRE NAGAR, KADIRENAHALLI 2^ND STAGE BANASHANKARI BENGALURU - 560070 ...RESPONDENT

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(BY SRI H.P. GANESH GOWDA, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 27.11.2018 OF CONVICTION IN C.C.NO.986/2018 OF THE COURT OF 12^TH ADDL.XXXVII A.C.M.M. AT BENGALURU AND JUDGMENT AND ORDER DATED 04.06.2021 IN CRL.A.NO.2565/2018 PASSED BY THE COURT OF THE LXI ADDL.CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CITY BY ALLOWING THIS PETITION AND ACQUITTING THE PETITIONER FOR THE OFFENCE P/U/S 138 OF THE N.I ACT.

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IN CRL.R.P.NO.521/2020:

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BETWEEN:

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1 . A. KRISHNA S/O GURU RAGHAVENDRA AGED ABOUT 46 YEARS,

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2 . SMT.SHIVASHANKARI W/O A.KRISHNA AGED ABOUT 36 YEARS,

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BOTH ARE RESIDING AT NO.21, 1^ST FLOOR, 1^ST CROSS, RAJAMMA GARDEN RAJIV GANDHI NAGAR, JARAGANAHALLI, BENGALURU-560 078. ...PETITIONERS

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(BY SRI MOHAN K.N., ADVOCATE)

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AND:

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SRIRAM FIN CORPORATION REP. BY ITS PROPRIETOR, SRI BABANNAKULAL, NO.32, 2^ND MAIN ROAD, 5^TH STAGE, VINAYAKANAGAR, J.P.NAGAR BENGALURU-560 078. ...RESPONDENT

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(BY SRI H.P. GANESH GOWDA, ADVOCATE)

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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 IN C.C.NO.3126/2018 DATED 17.11.2018 OF THE COURT OF XII ADDITIONAL SMALL CAUSES JUDGE AND XXXVII ADDL.C.M.M., BENGALURU AND JUDGMENT IN CRIMINAL APPEAL NO.2605/2018 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU DATED 03.01.2020, BY ALLOWING THIS PETITION AND ACQUITTING THE PETITIONERS FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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THESE CRIMINAL REVISION PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The parties in both the petitions and their respective counsels are present before the Court and have filed separate applications under Section 147 of Negotiable Instrument Act in both the cases and submits that the matters have already been settled.

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Further, the learned counsel for the petitioners in

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both the cases would submit that the petitioner has no objection to release the amount in favour of the respondent in respect of the amount which is in deposit before the Trial Court. Further, the counsel would also submit that other than the said amount which is in deposit, the matters are already compromised by

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paying the amount to the respondent and no amount is due to be made in favour of the respondent.

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In view of the applications under Section 147 of Negotiable Instruments Act, the petitioner is acquitted for the offence punishable under Section 138 of Negotiable Instrument Act.

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The Trial Court is directed to release the amount in favour of the respondent on proper identification. The petitioner is also directed to deposit the fine amount of Rs.5,000/- each in C.C.Nos.986/2018 and 3126/2018 which was ordered to be vest

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with the State and place the receipt before this Court within 3 weeks. If the same is not deposited, list these matters after Summer Vacation, 2022.

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With these observations, the revision petitions stand disposed of.

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Sd/JUDGE

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A Krishna v. Sriram Fin Corporation

Case brief

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A Krishna v. Sriram Fin Corporation

Case brief

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