A criminal petition under Section 482 Cr.P.C challenging an appellate order directing deposit of 50% of the fine in a cheque dishonour case. The court found that the parties had settled the dispute and disposed of the petition, quashing the conviction and set aside the sentence.
The petition is disposed off; the conviction of the petitioner is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 2644 OF 2019
BETWEEN:
SRI. PRATEEPA T., AGED ABOUT 46 YEARS, S/O S.H. TIMAIAH R/O SRI. RANGA MEDICALS, HUNSE MARA BUS STOP, B.H. ROAD, NELAMANGALA, BANGALORE - 562 123,
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
ALSO AT R/O BYRASANDRA VILLAGE, MODALAKOTE POST, NELAMANGALA TALUK, BANGALORE. …PETITIONER (BY SRI. SUMANTH L BHARADWAJ, ADVOCATE) AND: R. VENKATESH, S/O M. RAMAIAH, AGED ABOUT 52 YEARS, R/O NO.28, ANJANEYA TEMPLE ROAD, MALASANDRA, T.DASARAHALLI POST, BANGALORE - 560 057.
…RESPONDENT
(BY SRI. OMKAR BASAVA PRABHU, ADVOCATE FOR SRI. R. SRINIVAS, ADVOCATE)
NC: 2023:KHC:45857 CRL.P No. 2644 of 2019
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO MODIFY/RELAX OF THE ORDER DATED 23.03.2019 PASSED BY 61st ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CCH-62 ON AN INTERIM APPLICATION IN A CRIMINAL APPEAL NUMBERED AS CRL.A.NO.650/2019, WHEREBY THE LOWER APPELLANT COURT, THOUGHT WAS PLEASED TO SUSPEND THE SENTENCE THAT IMPOSED BY THE COURT OF THE JUDGE SMALL CAUSES AND XXVI A.C.M.M AT BANGALORE VIDE JUDGMENT AND ORDER DATED 11.03.2019 IN C.C.NO.23455/2016 U/S.138 OF N.I.ACT. HOWEVER SUBJECTED THE SAME WITH CONDITION THAT THE PETITIOENR SHOULD DEPOSIT 50% OF THE FINE AMOUNT, ANNEXURE A.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed challenging the order dated 23.03.2019 passed by the LXI Additional City Civil and Sessions Judge at Bengaluru in Criminal Appeal No.650/2019, by which the petitioner was directed to deposit 50% of the fine amount as ordered in the judgment of conviction and sentence dated 11.03.2019 passed by the Court of Small Causes and XXVI Addl. Chief
Metropolitan Magistrate, at Bengaluru in CC
No.23455/2016.
the conviction of the petitioner in C.C.No.23455/2016 by the Court of Small Causes and XXVI Addl. Chief Metropolitan Magistrate, at Bengaluru for the offence punishable under Section 138 of Negotiable Instruments
Act is set aside.
Sd/JUDGE
KBM List No.: 1 Sl No.: 16 CT:SNN
3 issues framed by the court
Whether the decree pending in this criminal appeal can be disposed of upon settlement of the dispute by the parties.
Whether the order directing deposit of 50% of the fine warrants set aside in public interest.
Whether the conviction for offence punishable under Section 138 of Negotiable Instruments Act is to be quashed now that the dispute has been settled.
2 provisions across 2 enactments
SRI. PRATEEPA T.
R. VENKATESH
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
