High Court of Karnataka allowed a criminal revision petition. The court approved the settlement under Section 147 of the N.I.Act, set aside prior judgments, and acquitted the accused of cheque dishonour.
Application under Section 147 N.I.Act allowed; offence compounded; impugned judgments set aside; accused acquitted; bail bond discharged.
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 7TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO.1005 OF 2022
BETWEEN:
SRI PRADEEP KUMAR S/O MAHESWARAPPA G M AGED ABOUT 39 YEARS, R/AT NO.523/66, DEVEREBELEKERE ROAD NEAR DOLLARS COLONY, SHAMANUR BENGALURU - 577 004 ALSO AT HELPDESK ENGINEER EMPLOYEE NO.7685064 AT AND T COMMUNICATION SERVICES INDIA PVT LTD., GREEN GLEN LAYOUT, BELLANDUR, BENGALURU - 560 103 ALSO R/AT NO.4576 BASAVA KRUPA 1ST CROSS S S LAYOUT, 1ST BLOCK DAVANAGERE - 577 004
…PETITIONER
Digitally signed by MADHURI S Location: High Court of Karnataka
(BY SRI. SHETTY DEEPAK, ADVOCATE)
AND:
SRI B R KRISHNA RAO S/O RAMANAIAH AGED ABOUT 64 YEARS, R/AT NO.181, 7TH CROSS SASTRYNAGAR BENGALURU - 560 028
…RESPONDENT
(BY SRI. JAGADEESHWAR J, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 OF CR.P.C PRAYING THAT THE ORDER DATED 15.11.2018 PASSED BY THE
LEARNED XIII A.C.M.M., BENGALURU IN C.C.NO.26793/2015, CONFIRMED BY THE ORDER DATED 18.05.2022 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-69) IN CRL.A.NO.2536/2018 MAY KINDLY BE SET ASIDE AND THIS CRIMINAL REVISION PETITION MAY KINDLY BY ALLOWED WITH COST THROUGH OUT IN THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused and respondent/complainant are
present.
Learned counsel for the parties are also present.
The parties have filed application under Section 147
of N.I.Act along with memo reporting settlement. The terms and conditions of the settlement reads as under:
2. The above named parties submits that, during the pendency of the case, the parties are agreed to settle the matter amicably outside of the Court through the well-wishers, elders and friends to put an end to the above litigation.
3. The both parties submits that, in view of settlement arrived between the parties, the petitioner/accused agreed to pay a sum of
Rs.6,50,000/- towards full and final settlement and out of which the petitioner/accused has already deposited on 28.09.2023 as per serial No.18497/2022 and Q.No.13531/2022-23 for a sum of Rs.5,00,000/- before the trial Court, at the time of suspension of sentence, in view of settlement the said amount may be released in favour of the respondent/complainant, the balance amount of Rs.1,50,000/- paid before this Court by way of cash.
Wherefore, both the petitioner and respondent prays that this Hon'ble Court be pleaded to compound the offence punishable under Section 138 of Negotiable Instrument Act and set aside the Judgment passed in C.C.No.26793/2015, dated 15.11.2018, XIII ACMM, Bengaluru and Crl.Appeal No.2536/2018 dated 18.05.2022, LXVIII Addl.City Civil and Sessions Judge, Bengaluru (CCH-69) and acquit the petitioner/accused in the interest of justice."
In the light of the settlement entered into between
the parties, the following:
ORDER
15.11.2018 in C.C.No.26793/2015 on the
file of XIII ACMM, Bengaluru and dated
18.05.2022 in Crl.A.No.2536/2018 on the
file of LXVIII Addl.City Civil and Sessions
Judge, Bengaluru are set aside.
(iii) Consequently, the accused is acquitted for
the offence punishable under Section 138 of N.I.Act. His bail bond stands discharged.
Sd/JUDGE
RR
List No.: 1 Sl No.: 21
1 issue framed by the court
Whether the offence under Section 138 of the N.I.Act can be compounded upon a settlement between the parties.
3 provisions across 2 enactments
SRI PRADEEP KUMAR
SRI B R KRISHNA RAO
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
