Allowed

Nazeer Ulla v. Jagadeesh. S. J.

Karnataka HC16 Feb 2023CRL.RP/1232/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision petition to acquit the petitioner of an offence under Section 138 of the Negotiable Instruments Act. The court set aside the conviction and sentence following the settlement of the dispute between the parties under Section 147 of the Act and directed the release of the petitioner's deposited amount.

What did the court decide?

Revision petition allowed; judgment of conviction and sentence set aside; petitioner acquitted; complaint compoundeda; Rs. 8,000 deposited by petitioner released to respondent.

Nazeer Ulla Vs Jagadeesh. S. J. — Cheque Dishonour | Karnataka HC (2023)

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1 - CRL.RP No. 1232 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO.1232 OF 2022

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BETWEEN:

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NAZEER ULLA S/O SHARIF SAB, NOW AGED ABOUT 52 YEARS, COOLIE, R/AT NO.48, ADINAYAKANAHALLI VILLAGE, TIPTUR TALUK, TUMAKURU DISTRICT-572 216.

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…PETITIONER

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(BY SRI. K.A.CHANDRASHEKARA, ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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JAGADEESH. S.J. S/O. JAYARAJAPPA, NOW AGED ABOUT 40 YEARS, R/AT SOMALAPURU VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT-572 216.

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…RESPONDENT

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(BY SRI. MADHUSUDHAN M.N., ADVOCATE)

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THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 24.07.2018 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC., TURUVEKERE IN C.C. NO.266/2016 AND CONFIRMED BY THE LEARNED V ADDL. DISTRICT AND SESSIONS JUDGE, TIPTUR IN CRL.APPEAL NO.10027/2018 DATED 20.01.2021 AND ACQUIT THE PETITIONER FOR THE OFFENCE

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2 - CRL.RP No. 1232 of 2022

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UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881.

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

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ORDER

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This revision petition is filed challenging the Judgment of conviction and sentence dated 24.07.2018 passed by the Senior Civil Judge and JMFC., Turuvekere, (for short, ‘the Trial Court’) in Criminal Case No.266/2016, by which the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the N.I. Act’) and sentenced to undergo simple imprisonment for a period of six months. Further, the petitioner was directed to deposit compensation of Rs.85,000/- out of which Rs.80,000/- was ordered to be paid to the complainant and the remaining Rs.5,000/- was directed to be paid as fine to the State. The petitioner has also challenged the Judgment dated 20.01.2021 passed by the V Additional District and Sessions Judge, Tiptur, in Criminal Appeal No.10027/2018 confirming the aforesaid Judgment of conviction and sentence passed by the Trial Court.

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The parties have settled the dispute and have filed an application (I.A. No.1/2023) under Section 147 of the N.I.

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3 - CRL.RP No. 1232 of 2022

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Act to compound the offence committed by the petitioner. It is stated in the application that the parties have agreed to settle the dispute at a sum of Rs.80,000/- in full and final settlement of the amount under the cheque in question.

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The petitioner as well as the learned counsel for the petitioner submitted that a sum of Rs.80,000/- is already paid and the learned counsel for the respondent acknowledged receipt of a sum of Rs.80,000/-.

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The respondent has no objection to compound the said offence committed by the petitioner and set aside the impugned Judgment of conviction and sentence passed by the Trial Court as well as the impugned Judgment passed by the Appellate Court.

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In view of the same, I.A. No.1/2023 is allowed. As a result, the revision petition is allowed and the offence committed by the petitioner under Section 138 of the N.I. Act is compounded. Consequently, the Judgment of conviction and sentence dated 24.07.2018 passed by the Senior Civil Judge and JMFC., Turuvekere, in Criminal Case No.266/2016 is set

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4 - CRL.RP No. 1232 of 2022

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aside and the petitioner is acquitted of the offence punishable under Section 138 of the N.I. Act. The Judgment dated 20.01.2021 passed by the V Additional District and Sessions Judge, Tiptur, in Criminal Appeal No.10027/2018 is also set aside. Having regard to the financial background of the parties and the amount at which the parties have settled the case, payment of graded cost as per the Judgment of the Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H. [(2010) 5 SCC 663] is dispensed with.

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The amount of Rs.8,000/- deposited by the petitioner before the Trial Court is ordered to be released in favour of the respondent.

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In view of disposal of this revision petition, I.A.

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No.2/2022 does not survive for consideration and the same stands disposed off.

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Sd/JUDGE

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SMA

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List No.: 1 Sl No.: 4

Nazeer Ulla v. Jagadeesh. S. J.

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Nazeer Ulla v. Jagadeesh. S. J.

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