Allowed

Sri. Shamsuddin v. Sri. T. N. Narayanareddy

Karnataka HC15 Nov 2023CRL.RP/1073/2019

Case brief

AI extract

What is this about?

In a criminal revision petition under Sections 397 and 401 CrPC regarding a conviction under Section 138 NI Act, the High Court allowed the plea on the merits of a joint compromise filed post-conviction. The court set aside the lower court's judgment, acquitted the petitioner, and cancelled the bail bonds after the respondent accepted the cheque amount and fine. The primary issue was the applicabi

What did the court decide?

The Criminal Revision Petition was allowed; the order confirming conviction was set aside; the petitioner was acquitted under Section 138 of the Negotiable Instruments Act; and the bail bonds were can

Sri. Shamsuddin Vs Sri. T. N. Narayanareddy — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 1073 of 2019 NC: 2023:KHC:41386

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO.1073 OF 2019

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BETWEEN:

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SRI. SHAMSUDDIN, S/O AMIED, AGED ABOUT 56 YEARS, R/AT NO. 337/2, THIMMAREDDY LAYOUT, HULIMANGALA AND POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT - 560 094.

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…PETITIONER

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(BY SRI. KRISHNA B J, ADVOCATE)

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AND:

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Digitally signed by MADHURI S Location: High Court of Karnataka

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SRI. T. N. NARAYANAREDDY S/O LATE NARASAPPAREDDY, AGED ABOUT 61 YEARS, R/AT NO.15, THIRUPALYA VILLAGE, BOMMASANDRA POST, JIGANI HOBLI, ANEKEL TALUK, BENGALURU RURAL DISTRICT - 560 094.

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…RESPONDENT (BY SRI. VENKATRAM., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 27.06.2018 PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND J.M.F.C., ANEKAL AT ANEKAL IN C.C.NO.891/2016 AND CONFIRMED BY THE LEARNED III ADDL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL IN CRL.A.NO.5013/2018 DATED 11.07.2019 AND TO ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT, TO MEET THE ENDS OF JUSTICE.

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CRL.RP No. 1073 of 2019 NC: 2023:KHC:41386

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

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ORDER

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Petitioner/accused and respondent/complaint are present.

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Both learned counsel are present.

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I.A.No.3/2023 is filed under Section 147 of N.I.Act and r/w 320 of Cr.P.C. along with verifying affidavit, reporting the compromise and stating that the matter is settled between the parties. The terms read as under:

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i) That the learned Additional Civil Judge and JMFC, Anekla has convicted the accused for the offence punishable under Section 138 of N.I.Act., in C C No.891/2016, dated 27.06.2018 by sentenced accused to undergo Simple Imprisonment for period of six months and to pay a fine of Rs.9,60,000/- (Rupees Nine Lakhs Sixty Thousand only). In default to payment of fine amount the accused shall undergo Simple Imprisonment for further period of 3 months. Against which the accused/petitioner herein has filed Crl. Appeal before the Hon'ble III Addl. District & Sessions

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CRL.RP No. 1073 of 2019 NC: 2023:KHC:41386

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Judge, Bengaluru Rural District, sit at Anekal in Crl.Appeal No.5013/2018 but, the same is dismissed on 11.07.2019 by confirmed the judgment passed by the learned trial Court, against which the petitioner/accused has preferred above Crl. Rev. Petition before this Hon'ble Court.

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ii) It is further submits that respondent/complainant has agreed to settle the matter by receiving entire cheque amount with fine amount of Rs.9,50,000/(Rupees Nine Lakhs Fifty Thousand only) on 15.11.2023 the petitioner/accused has paid sum of Rs.3,70,000/(Rupees Three Lakhs Seventy Thousand only) through D D No.583489, drawn on RBL Bank, Bengaluru drawn in favour of the respondent and also received Rs.1,00,000/(Rupees One Lakh only) through cash herein and remaining sum of Rs.4,80,000/- (Rupees Four Lakhs Eighty Thousand only) deposited by the petitioner/accused before the trial Court and said sum of Rs.4,80,000/- (Rupees Four Lakhs Eighty Thousand only) already withdrawn by the respondent/complainant. The respondent has totally received sum of Rs.9,50,000/- fine amount and acknowledge receipt of the same. The respondent is no objections to acquit the petitioner in above case and set aside the sentence passed by the Court below against the petitioner herein.

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CRL.RP No. 1073 of 2019 NC: 2023:KHC:41386

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iii) It is further submits that petitioner respectfully prays that this Hon'ble Court be pleased to setaside the sentence passed by the learned Addl. Civil Judge and JMFC, Anekal in C C No.891/2016, dated 27.06.2018 for the offences punishable under Section 138 of N I Act, and consequently acquit the accused/petitioner herein for the offences punishable under section 138 of N I Act, since the respondent has received the entire cheque with fine amount of Rs.9,50,000/- from the petitioner and the respondent has no objection to acquit the petitioner/accused in the above case.

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iv) It is further submits that, the petitioner has already to deposit sum of Rs.10,000/- towards fine to prosecution before the learned Additional Civil Judge and JMFC at Anekal in C C No.891/2016 at the time of pronouncement of judgment hence, kindly consider the same and acquit the accused by setting aside the sentence passed by the Court below.

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WHEREFORE, the petitioner respectfully prays that this Hon'ble Court be pleaded to set-aside the sentence passed by the learned Addl. Civil Judge and JMFC, Anekal in C C No.891/2016, dated 27.06.2018 and which is confirmed by the Hon'ble III Addl. District & Sessions Judge, Bengaluru Rural District, sit at Anekal in Crl. Appeal No.5013/2018, dated 11.07.2019 for the offence

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5 - CRL.RP No. 1073 of 2019 NC: 2023:KHC:41386

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punishable under section 138 of N.I.Act, and consequently acquit the accused/petitioner herein, for the offence punishable under section 138 of N.I.Act, in the interest of justice and equity.

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Respondent/complainant acknowledges the

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receipt of Demand Draft for a sum of Rs.3,70,000/- and Rs.1,00,000/- in cash as detailed in the compromise petition duly signed by the both parties and their learned counsel.

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4. In the light of the compromise entered into

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between the parties, I proceed to pass the following:

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ORDER

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i) I.A.No.3/2023 filed under Section 147 of

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N.I.Act and r/w 320 of Cr.P.C is hereby

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allowed.

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ii) The Criminal Revision Petition is allowed. iii) Impugned order dated 11.07.2019 in Crl.A.No.5013/2018 passed by the III Addl. District and Sessions Judge, Bengaluru Rural District, sit at Anekal, by

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CRL.RP No. 1073 of 2019 NC: 2023:KHC:41386

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confirming the judgment and order dated 27.06.2018, passed by the Addl. Civil Judge and JMFC, Anekal in C.C.No.891/2016, are set aside. Consequently petitioner/accused is acquitted for the offence punishable under Section 138 of Negotiable Instrument Act.

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iv) Bail bond of the accused and Sureties bond shall stand cancelled.

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Sd/JUDGE

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ASN List No.: 1 Sl No.: 44

Sri. Shamsuddin v. Sri. T. N. Narayanareddy

Case brief

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Sri. Shamsuddin v. Sri. T. N. Narayanareddy

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