Allowed

Sri. S. C. Jayaram v. Sri. Ganesh

Karnataka HC16 Feb 2023CRL.RP/1153/2018

Case brief

AI extract

What is this about?

High Court Revision Petition where accused challenged conviction under Section 138 NI Act. Court allowed compoundment of offence based on joint memo showing dispute settled via Rs.5 lakh payment and release of court deposit. Conviction set aside and petitioner acquitted.

What did the court decide?

Order of conviction set aside; petitioner acquitted; offence compounded; withdrawal of court deposit permitted.

Sri. S. C. Jayaram Vs Sri. Ganesh — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 1153 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRL.R.P. NO.1153 OF 2018

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BETWEEN:

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SRI S.C. JAYARAM S/O S. CHANDRAN NO.1248, 2ND CROSS ASHOKNAGAR, BASAVANAGUDI BANGALORE - 560 004.

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…PETITIONER

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(BY SRI BASAVARAJ S SAPPANNAVAR., ADV.)

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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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SRI GANESH S/O KRISHNAPPA NO.9, 3RD CROSS ROAD 1ST STAGE, ASHOK NAGAR BANASHANKARI BANGALORE - 560 050.

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…RESPONDENT

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(BY SRI GANESH, ADV.)

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THI CRL.R.P. IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION DATED 16.01.2018 PASSED BY THE LEARNED XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU CITY IN C.C.NO.1612/2016 AND THE JUDGMENT DATED 14.08.2018 PASSED BY THE LEARNED LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.APPEAL NO.235/2018 CONFIRMING THE SAME AND ACQUIT THE ACCUSED PERSON/PETITIONER.

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

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2 - CRL.RP No. 1153 of 2018

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ORDER

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This revision petition has been filed by the accused challenging the judgment and order dated 16.01.2018 passed by the Court of the XX Addl. Chief Metropolitan Magistrate, Bengaluru City in C.C.No.1612/2016 and the judgment and order dated 14.08.2018 passed by the LXVI Addl. City Civil & Sessions Judge, Bangalore City in Crl.A.No.235/2018.

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Learned counsel for the parties jointly submit that the dispute between the parties has been settled. Accordingly, they have filed joint memo dated 16.02.2023 which has been signed by the parties. The respondent has appeared before the Court in person and also produced his Aadhar card to establish his identity. On enquiry he has submitted that the dispute between the parties has been settled and he has agreed to receive Rs.5,00,000/- (Five lakhs) towards full and final settlement of the dispute between the parties and out of the said amount he has already received a sum of Rs.4,25,000/(Four lakhs Twenty-five Thousand) by way of cash from the petitioner and balance amount of Rs.75,000/-, which is in deposit before the Trial Court may be permitted to be

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CRL.RP No. 1153 of 2018

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withdrawn by the respondent - complainant. The terms of joint

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memo reads as under:

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"JOINT MEMO

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The Petitioner and respondent submits as follows:

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The petitioner and respondent submit that the matter in dispute between the parties arising out of C.C.No.1612/2016 disposed before the Hon'ble XX ACMM, Bangalore and CRl.A.No.235/2018 disposed before the Hon'ble LXVI (CCH-66) Addl. City and Civil and Sessions Bengaluru.

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It is submitted after the intervention of friends and well-wishers, the above matter has been settle out of Court amicably. The Petitioner and respondent has agreed together that the Petitioner would be paying total amount of Rs.5,00,000/towards settlement. Pursuant to the understanding the Petitioner has paid the sum of Rs.4,25,000/- to the respondent on different dates by way of UPI payments, cash, and online transfer through the account of hi sister as full and final settlement and the respondents has acknowledged the receipt of the same.

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The Petitioner has further agreed that the deposit made by the Petitioner i.e., Rs.75,000/-, before the Hon'ble Trial Court shall be withdrawn and handed over to the respondent.

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It is submitted that in view of the above the respondent will have no claim whatsoever against the PETITIONER in future with respect to the same."

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CRL.RP No. 1153 of 2018

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In view of aforesaid, the parties are permitted to compound the offence and order of conviction passed against the petitioner is accordingly set-aside and he is acquitted of the offence punishable under Section 138 of N I Act. The respondent - complainant is permitted to withdraw the amount of Rs.75,000/- which is in deposit before the Trial Court and for the said purpose, the Registry is directed to return the Trial Court records expeditiously.

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The criminal review petition is disposed of in terms of the joint memo.

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Sd/JUDGE

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NMS

Sri. S. C. Jayaram v. Sri. Ganesh

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Sri. S. C. Jayaram v. Sri. Ganesh

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