Allowed

Sri. Suresh.C v. Sri. Thimmegowda B.G.

Karnataka HC25 Oct 2023CRL.RP/1389/2019

Case brief

AI extract

What is this about?

In a criminal revision petition challenging conviction under Section 138 of the Negotiable Instruments Act, the High Court allowed the revision based on a settlement. The court acquitted the petitioner after the respondent received the agreed settlement amount in cash and allowed withdrawal of the deposit.

What did the court decide?

The impugned judgment and order are set aside; the accused is acquitted; the complainant is permitted to withdraw the sum of Rs.25,000/- in deposit.

Sri. Suresh.C Vs Sri. Thimmegowda B.G. — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC:37809 CRL.RP No. 1389 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO.1389 OF 2019

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BETWEEN:

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SRI. SURESH.C S/O CHIKKANNA, AGED ABOUT 37 YEARS, (HOUSE OF D B DEVARAJ) 2^ND CROSS, MUNESWARA LAYOUT (BADVANA) SRIGANDHA NAGAR BENGALURU - 560 091

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…PETITIONER

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(BY SRI. ALLAH BAKASH M, 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. THIMMEGOWDA B.G. S/O GANGASWAMAIAH, AGED ABOUT 32 YEARS, R/AT NO.3, OPPOSITE J V CONVENT, OMSHANKTHI TEMPLE ROAD, HEGGANAHALLI CROSS, BENGALURU - 560 091

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…RESPONDENT (BY SRI. SEETHARAMAIAH J M, ADVOCATE FOR SRI. RAAMPRASAD B S, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO a) SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 28.03.2018 PASSED IN C.C.NO. 11297/2017 ON THE FILE OF THE XXI A.C.M.M., AT BENGALURU BY CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT AND ALLOW THE APPEAL AND ACQUIT THE PETITIONER; b) SET ASIDE THE JUDGMENT AND ORDER DATED 22.10.2019 PASSED IN CRL.A.NO.757/2018 ON

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NC: 2023:KHC:37809 CRL.RP No. 1389 of 2019

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THE FILE OF THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY AND ACQUIT THE PETITIONER FOR THE AFORESAID OFFENCE; c) PASS ANY SUCH ORDER/S AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This revision petition is filed by the accused challenging his conviction and sentence in CC

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No.11297/2017, which came to be confirmed in Criminal Appeal No.757/2018.

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Both petitioner/accused and

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respondent/complainant are present along with their learned counsel.

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A joint memo is filed to the following effect: "The Petitioner has preferred the above petition for setting aside the conviction order dated 28.03.2018 passed in C.C.No.11297/2017 on the file of the XXI ACMM, Bengaluru and the judgment dated 22.10.2019 passed in Criminal Appeal No.757/2018 on the file of the LXV Additional City Civil and Sessions Judge, Bengaluru. The above said Criminal Revision Petition is pending before this Hon'ble Court for adjudication.

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NC: 2023:KHC:37809 CRL.RP No. 1389 of 2019

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2. It is further submitted that during the pendency of the above said matter with an intervention of the well-wishers, the Petitioner and the Respondent have agreed to settle the matter for an amount of Rs.1,95,000/- (Rupees one lakh ninety five thousand only) including the amount of Rs.25,000/- deposited before the XXI ACMM, Bengaluru.

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3. It is further submitted that the Respondent / complainant has received an amount of Rs.1,70,000/- (Rupees one lakh seventy thousand only) by cash on 05.09.2023 and the respondent/complainant shall entitled to withdraw an amount of Rs.25,000/- deposited by the accused before the XXI ACMM, Bengaluru with the permission of this Hon'ble Court for which the Petitioner / accused shall have no objection.

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WHEREFORE, the Petitioner and Respondent humbly prays to dispose of the matter in lieu of the settlement arrived between the parties in the interest of justice by acquitting the accused - petitioner."

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Heard and perused the records. The Cheque involved in the case is for a sum of Rs.2,50,000/-. The

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4 - NC: 2023:KHC:37809 CRL.RP No. 1389 of 2019

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parties have settled the matter for a sum of

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Rs.1,95,000/-. It is stated that out of the said amount, a sum of Rs.25,000/- is deposited before the trial Court and now the complainant has received Rs.1,70,000/- in cash. Rs.25,000/- in deposit may be released in favour of the complainant.

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In the light of the settlement entered into between the parties, the impugned judgment and order are set aside and accused is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

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The respondent/complainant is permitted to withdraw a sum of Rs.25,000/- in deposit before the trial

Court.

MDS

Sd/JUDGE

List No.: 1 Sl No.: 35

Sri. Suresh.C v. Sri. Thimmegowda B.G.

Case brief

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Sri. Suresh.C v. Sri. Thimmegowda B.G.

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