Allowed

R B Ganesh v. Mahadevi

Karnataka HC5 Apr 2023CRL.RP/107/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the criminal revision petition filed under Sections 397 and 401 Cr.P.C. The court permitted the parties to compound the offence under Section 138 of the Negotiable Instruments Act based on a joint memo reporting amicable settlement and full payment of dues. Consequently, the petition was allowed, the conviction was set aside, and the petitioner was acquitted.

What did the court decide?

Criminal revision petition allowed; conviction and sentence set aside; petitioner acquitted; parties permitted to compound offence; deposited amount returned to respondent subject to payment terms.

R B Ganesh Vs Mahadevi — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 107 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 107 OF 2022

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BETWEEN:

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R B GANESH S/O BRAMAIAHCHARI AGED 40 YEARS PROPERIETOR GRB TENT HOUSE NO 56 SARASWATHI NAGAR BUS STOP NAGARABHAVAI MAIN ROAD VIJAYNAGAR, BENGALURU 560040.

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…PETITIONER

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(BY SRI. SANTHOSH KUMAR M B., ADVOCATE)

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AND:

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Digitally signed by B A KRISHNA KUMAR Location: High Court of Karnataka

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MAHADEVI W/O B J PRAVEEN AGED 31 YEARS PROPRIETOR SAVE SMART STORE SHANTHI VIDYA NAGAR NAGADEVANAHALLI BENGALURU 560056.

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…RESPONDENT

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(BY SRI. G.J.SUNKAPUR.,ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 20.09.2019 PASSED BY THE XXIII ADDL.C.M.M., BENGALURU IN C.C.NO.20260/2018 AND ORDER DATED 06.11.2021 PASSED BY THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN

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CRL.RP No. 107 of 2022

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CRL.A.NO.2316/2019 AND ACQUIT THE PETITIONER BY ALLOWING THE CRL.RP.

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

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ORDER

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This criminal revision petition under Section 397 of

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Cr.P.C. is filed by the accused challenging the judgment

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and order of conviction and sentence passed by the XXIII

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Addl. Chief Metropolitan Magistrate, Bengaluru in C.C.No.20260/2018 dated 20.09.2019 and the judgment and order dated 06.11.2021 passed by the LII Addl. City Civil and Sessions Judge at Bengaluru in

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Crl.A.No.2316/2019.

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Learned counsel appearing on both sides jointly submit that during the pendency of this revision petition, the dispute between the parties has been amicably settled and towards full and final settlement of the amount covered under the cheque in question, the respondent/complainant has agreed to receive Rs.2,75,000/- from the petitioner. They submit that pursuant to the settlement arrived between the parties

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3 - CRL.RP No. 107 of 2022

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they have today filed a joint memo, which is signed by the parties and their respective advocates, seeking permission of this Court to compound the offence for which the petitioner has been convicted and sentenced by the courts below. The said joint memo dated 05.04.2023 is taken on record. The relevant terms of the said joint memo reads as follows:

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“3. That, the petitioner has deposited an amount of Rs.48,250/- before the learned Magistrate in compliance of the order of the Hon’ble Supreme Court.

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4. That, the respondent has agreed to receive a total amount of Rs.2,75,000/towards the total outstanding of the petitioner.

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5. That, amount in deposit be permitted to be withdrawn by the respondent and the petitioner has no objection for the same. The petitioner is paying the remaining balance amount of Rs.2,26,750/- in two instalments.

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CRL.RP No. 107 of 2022

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6. That, the petitioner today before this Hon’ble Court is paying an amount of Rs.1,50,000/- by way of demand draft in favour of the respondent. The respondent has acknowledged the receipt of the same. The remaining amount of Rs.76,750/- is agreed to be paid to the respondent on or before 01.06.2023, towards full and final settlement of the dues of the petitioner.

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7. That, the respondent has no future claim on the petitioner towards outstanding dues, and the respondent has agreed for the above terms of payment.”

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Learned counsel for the respondent acknowledges receipt of the Demand Draft for a sum of Rs.1,50,000/from the petitioner in compliance of the terms of the joint memo.

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Having regard to the settlement arrived between the parties and taking into consideration the averments made in the joint memo, the parties are permitted to compound the offence, for which the petitioner has been

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CRL.RP No. 107 of 2022

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convicted and sentenced by the courts below. Accordingly, the following order:

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In view of the settlement arrived between the parties and considering the joint memo filed by them reporting settlement, in exercise of the power under Section 147 of the Negotiable Instruments Act, the parties are permitted to compound the offence under Section 138 of the Negotiable Instruments Act, for which the petitioner

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has been convicted and sentenced by the courts below. Consequently, the criminal revision petition is allowed. The judgment and order of conviction and sentence passed by the courts below are set aside and the petitioner is acquitted of the offence punishable under Section 138 of Negotiable Instruments Act. The respondent/complainant is permitted to withdraw the amount of Rs.48,250/deposited by the petitioner before the trial court in C.C.No.20260/2018.

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It is made clear that, in the event, the petitioner does not comply the undertaking given by him in the joint

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CRL.RP No. 107 of 2022

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memo regarding payment of the balance amount of Rs.76,750/- to the respondent on or before 01.06.2023, the respondent is at liberty to file necessary application to revive this revision petition.

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The registry is directed to return the trial court

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records to enable the respondent to withdraw the amount in deposit.

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Sd/JUDGE

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List No.: 1 Sl No.: 39

R B Ganesh v. Mahadevi

Case brief

What is this about?

What did the court decide?

R B Ganesh v. Mahadevi

Case brief

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What did the court decide?

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