Allowed

Sri Asim Khan v. Sri Javeed Khan

Karnataka HC6 Nov 2023CRL.RP/157/2022

Case brief

AI extract

What is this about?

In a criminal revision petition under Section 397 Cr.P.C., the High Court allowed compounding of a Section 138 NI Act offence dispute after parties reached a settlement. The court set aside previous conviction orders, acquitted the petitioner, discharged the bail bond, and directed return of trial records.

What did the court decide?

Criminal revision petition allowed; permission granted to compound offence; impugned judgments of conviction set aside; petitioner acquitted; bail bond discharged; trial records sent back.

Sri Asim Khan Vs Sri Javeed Khan — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^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.157 OF 2022

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BETWEEN:

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SRI ASIM KHAN S/O DOULA KHAN AGED ABOUT 58 YEARS R/AT 9/1, 2^ND FLOOR, 1^ST CROSS, MARAPPA GARDEN, J C NAGAR BENGALURU - 560 006

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…PETITIONER

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(BY SRI. MANOJ S N, 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 JAVEED KHAN S/O SRI GAFOOR KHAN AGED ABOUT 32 YEARS R/AT NO.B-241, 2^ND CROSS RAMAKRISHNA HEGDE NAGAR BENGALURU - 560 077

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NIL WRONGLY SHOWN AS RESPONDENT ACTUAL RESPONDENT (M/S RAMS ENTERPRISES) NO.302, EDEN PARK, 20 VITTAL MALYA ROAD BENGALURU - 560 001 REPRESENTED BY ITS MANAGER AND AUTHORISED REPRESENTATIVE MR R PRUDVI KUMAR

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…RESPONDENT

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(BY SRI. V.SURESH, ADVOCATE)

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CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 23.01.2021 PASSED IN CRL.A.NO.25295/2019 PENDING ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 21.09.2019 PASSED IN C.C.NO.51487/2017 ON THE FILE OF THE LEARNED XV ADDITIONAL JUDGE AND XXIII ACMM, COURT OF SMALL CAUSES, MAYO HALL BE DISMISSED AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE.

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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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Petitioner, who is accused No.2 before the trial Court is present.

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present.

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Both the learned counsel for the parties are also present.

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A joint memo along with application in

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I.A.No.3/2023 under Section 320 Cr.P.C r/w Section 147 of N.I. Act is filed reporting the settlement. Today

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CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

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Sri.Manoj Kumar Gupta acknowledges receipt of Demand Draft bearing No.331254 dated 04.11.2023 for a sum of Rs.1,47,000/-. The terms and conditions of compromise are as under:

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"The Petitioner and respondent jointly state and pray as follows:

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1. That, the Respondent instituted a Complaint before the Learned Magistrate U/s 200 of Cr.P.C. for the alleged offence 138 of N.I.Act against the Petitioner and another for having dishonored cheque Bearing No.182578, dated 10.03.2015 for Rs.15,00,000/- and a criminal case came to be registered in C.C.No.51487/2017 pending before the Court of XV Additional Judge, & 23^rd ACMM, Court of Small Causes, Mayo Hall.

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2. That, the Learned trial Court by an order and judgment dated 21.09.2019 convicted the Petitioner and another for the offence punishable U/s 138 of N.I. Act and imposed a fine of Rs.15,50,000/and to undergo simple imprisonment for 30 days. Being aggrieved of the order and judgment dated 21.09.2019 passed in C.C.No.51487/2017, the Petitioner herein preferred an appeal before the Hon'ble Sessions Court and the same came to be registered as Criminal Appeal No.25295/2019, pending before the Court of 26^th Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru.

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3. That, the Hon'ble Sessions Court suspended the order dated 21.09.2019 in C.C.No.51487/2017 on the condition of deposit of 20% of the fine amount. The Petitioner accordingly vide DD

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CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

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No.546162, dated 09.01.2020 of Rs.1,55,000/(One Lakh Fifty Five Thousand) and another DD No.546258, dated 26.02.2020 a sum of Rs.1,55,000/-(One Lakh Fifty Five Thousand) was remitted before the trial Court in C.C.No.51487/2017 on 09.01.2020 and 27.02.2020 respectively.

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4. That, the 26th Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru dismissed the Crl.A.No.25295/2019 by an order and judgment dated 23.01.2021 by upholding the order of conviction dated 21.09.2019 in C.C.No.51487/2017 and the Petitioner challenging the said order has approached this Hon'ble Court by filing the above Revision Petition and the Petitioner in terms of the order dated 04.08.2023 have deposited 55% excluding the 20% already deposited i.e.,, 75% i.e., a sum of Rs.8,52,500/before this Hon'ble Court.

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5. The complainant and accused jointly submit that at the intervention of the well-wishers, friends and elders of both the parties, the matter has been settled amicably and the Respondents have agreed to receive a sum of Rs.13,09,500/(Thirteen Lakhs Nine Thousand and Five Hundred only) from the Petitioner/Accused as a onetime settlement which is inclusive of Rs.3,10,000/(Three Lakhs Ten Thousand Rupees) and Rs.8,52,500/- (Eight Lakhs Fifty-Two Thousand and Five Hundred Only) which is deposited before the learned Trial Court in C.C.No.51487/2017 and before this Hon'ble Court and the remaining amount of Rs.1,47,000/- (One Lakh Forty-Seven Thousand only) is paid through DD i.e., DD No.331254, dated 04/11/2023, issued by Canara Bank.

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5 - CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

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6. The complainant shall return all the original documents received from the accused after the competition of entire payment and that, the Respondent is hereby acknowledge that, the Petitioner has no other legally payable debt/outstanding balance and that, the Petitioner has no objections in the Respondent withdrawing the amount of Rs.3,10,000/- (Three Lakhs Ten Thousand Rupees) which is deposited before the Learned Trial Court in C.C.No.51487/2017.

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7. That, the Complainant/Respondent has also instituted another complaint in C.C.No.51397/2015 and the trial Court by an order and judgment dated 21.02.2019 convicted the Petitioner and another herein for an offence U/s 138 of N.I. Act and imposed a penalty of Rs.2,30,000/- and the Petitioner herein preferred a Criminal Appeal in Crl.A.No.25071/2019 and the same came to be dismissed by an order and judgment dated 24.02.2021 and the Petitioner preferred a Revision Petition before the Hon'ble Court in Criminal Revision Petition No.153/2022 and the Petitioner and the Respondent/Complainant have agreed to settle the matter for an amount of Rs.1,46,000/- on the condition that the Petitioner shall remit a sum of Rs.1,46,000/- i.e., a sum of Rs.46,000/- which has been deposited before the Trial Court and a further sum of Rs.1,00,000/- would be paid before this Hon'ble Court and it is agreed that, the same amount would be paid within two months from 06.11.2023.

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Wherefore the complainant and the accused jointly pray before the Hon'ble Court to pass orders according to the agreement entered by both the parties and dispose off the case accordingly in the interest of justice and equity."

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CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

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Both the parties admits the compromise and

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execution. The compromise is legal and equitable and the same is accepted.

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In the light of the compromise entered into between the parties, the following:

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ORDER

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(i) The Criminal Revision Petition is allowed and permission is granted to compound the offence. Consequently, I.A.No.3/2023 is also allowed.

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(ii) The impugned judgment and order dated 21.09.2019 in C.C.No.51487/2017 and judgment and order dated 09.01.2020 in Crl.A.No.25295/2019 are set aside.

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(iii) The accused is acquitted for the offence punishable under Section 138 of N.I.Act. His bail bond stands discharged.

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CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

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(iv) The Registry is directed to send back the

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trial Court records along with copy of this

order forthwith.

Sd/JUDGE

List No.: 1 Sl No.: 27

Sri Asim Khan v. Sri Javeed Khan

Case brief

What is this about?

What did the court decide?

Sri Asim Khan v. Sri Javeed Khan

Case brief

What is this about?

What did the court decide?

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