Allowed

Mohan Sheshachalappa v. Ratnakar Purushottam Netrekar

Karnataka HC30 Oct 2023CRL.RP/100311/2021

Case brief

AI extract

What is this about?

The Court allowed the Criminal Revision Petition filed under S. 397 CrPC. Upon learning that the respondent received the full cheque amount in settlement, the Court quashed the judgment of conviction and sentence for cheating by dishonestly inducing delivery of property via cheque under S. 138 of the Negotiable Instruments Act, 1881, and acquitted the petitioner.

What did the court decide?

Petition allowed; conviction and sentence set aside; accused acquitted and set at liberty; bail bond cancelled.

Mohan Sheshachalappa Vs Ratnakar Purushottam Netrekar — Cheque Dishonour | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:12624 CRL.RP No. 100311 of 2021

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30^TH DAY OF OCTOBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR CRIMINAL REVISION PETITION NO. 100311 OF 2021 (397)

¶6

BETWEEN:

¶7

MOHAN SHESHACHALAPPA, AGE: 64 YEARS, OCC: RETD. RLY DEPT., R/O: DCM TOWNSHIP, DAVANAGERE-577001.

¶8

…PETITIONER

¶9

(BY SRI. ANWAR BASHA FOR SRI R.M. JAVED, ADVOCATES)

¶10

AND:

¶11

RATNAKAR PURUSHOTTAM NETREKAR, AGE: 65 YEARS, OCC: RETD EMPLOYEE, R/O: SARASWATI NILAY, BAPUJI NAGAR, SIRSI TALUK, KARWAR-581401.

¶12

…RESPONDENT

¶13

(BY SRI. S.G. KADADAKATTI AND SRI LINGESH V. KATTEMANE, ADVOCATES)

¶14

YASHAVANT NARAYANKAR

¶15

Digitally signed by YASHAVANT NARAYANKAR Date: 2023.10.31 10:30:37 +0530

¶16

THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND ORDER OF DISMISSAL OF APPEAL IN CRL.A. 5029/2020 DATED. 28.09.2021 PASSED BY I ADDL. DIST AND SESSIONS JUDGE, U.K. KARWAR SITTING AT SIRSI, CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE I ADDL. CIVIL JUDGE AND II ADDL. JMFC, SIRSI IN C.C. NO. 152/2018 DATED. 31.08.2020, CONVICTING THE REVISION PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE U/S 138 OF NI ACT SENTENCING HIM TO PAY A FINE OF RS.3,60,000/-, IN DEFAULT OF PAYMENT OF FINE, THE ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR SIX MONTHS, AND CONSEQUENTLY, ACQUIT THE REVISION PETITIONER/ACCUSED IN THE INTEREST OF JUSTICE.

¶17

¶18

NC: 2023:KHC-D:12624 CRL.RP No. 100311 of 2021

¶19

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

¶20

ORDER

¶21

Learned counsel, Sri.Anwar Pasha for Sri.R.M.Javed, advocate, is present.

¶22

Sri Lingesh V Kattemane, advocate for respondent,

¶23

present.

¶24

Heard on memo dated 16.08.2023 signed by both

¶25

sides.

¶26

It is fairly submitted by the counsel for respondent that today he has received Rs.1,50,000/- in full and final settlement of cheque amount. Therefore, he submits that there is no amount due from the accused-petitioner. He submits to allow the petition and set aside the impugned judgments.

¶27

In view of the contents of the memo and the submission made by respective counsels for parties that the entire cheque amount is received by the respondent, the petition filed by the petitioner is allowed.

¶28

Consequentially, accused is acquitted of the charges leveled against him under Section 138 of the Negotiable Instruments Act, 1881.

¶29

3 - NC: 2023:KHC-D:12624 CRL.RP No. 100311 of 2021

¶30

The impugned judgments of the Courts below are hereby set aside.

¶31

The bail bond of the accused stands cancelled. He is

¶32

set at liberty.

¶33

In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

¶34

Sd/JUDGE

¶35

YAN

¶36

LIST NO.: 1 SL NO.: 7

Mohan Sheshachalappa v. Ratnakar Purushottam Netrekar

Case brief

What is this about?

What did the court decide?

Mohan Sheshachalappa v. Ratnakar Purushottam Netrekar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Basavaraj S/O Ummannappa Degul Vs the State of Karnataka

Basavaraj S/O Ummannappa Degul Vs the State of Karnataka

Shri.Vinod Anandrao Nandanikar Vs Shri.Raghunath Credit Souhard Sahakari Limited

Sadashiv S/O Sureshchandra Kudachimath Vs State of Karnataka

Manjunath S/O Sadashiv Badiger, Vs the State of Karnataka

Shivappa S/O Basavaneppa Benakannanavar Vs Primary Agricultural Co-Operative