Criminal revision under Section 397 Cr.P.C. challenging conviction under Section 138 N.I. Act allowed after parties compound the dispute via agreed settlement. Petitioner acquitted and conviction set aside.
Judgment of conviction set aside; Petitioner acquitted of offence under Section 138 N.I. Act; Trial Court records returned for release of deposited amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.RP No. 179 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL.R.P. NO.179 OF 2014
BETWEEN:
PREMAVATHY D/O LATE LINGAIAH AGED ABOUT 52 YEARS OCC: SCHOOL TEACHER D.NO.4275, 3RD CROSS, GANDHI NAGAR MYSORE - 570 007.
…PETITIONER
Digitally signed by B A KRISHNA KUMAR Location: High Court of Karnataka
(BY SRI CHANDRASHEKARA K.A., ADV.)
AND:
N. VEENAKUMARI W/O B. KRISHNA AGED ABOUT 43 YEARS D.NO.4655, 3RD CROSS SHIVAJI ROAD, N.R.MOHALLA MYSORE - 570 007.
…RESPONDENT
(BY SRI V.M. PRASAD., ADV.)
THIS CRL.RP FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:10.2.12 PASSED BY THE III ADDL. FIRST CIVIL JUDGE AND JMFC, MYSORE IN C.C.NO.1905/2008 FOR THE OFFENCES P/U/S 138 OF N.I. ACT AND CONFIRMED BY THE ORDER DATED:23.1.14 PASSED BY THE II ADDL. S.J., MYSORE IN CRL.A.NO.46/12 FOR THE OFFENCES P/U/S 138 OF N.I. ACT.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This criminal revision petition has been filed by the accused challenging the judgment and order dated 10.02.2012 passed by the III Addl. I Civil Judge & JMFC in C.C.No.1905/2008 and the judgment and order dated 23.01.2014 passed by the II Additional Sessions Judge, Mysuru in Crl.A.No.46/2012.
CRL.RP No. 179 of 2014
be paid by the petitioner to the respondent on or before 10.03.2023.
been signed by the parties and their respective advocates. Having regard to the nature of dispute involved in the case, the application filed by the parties is accepted and they are permitted to compound the offence punishable under Section 138 of N.I. Act
The Registry is directed to return the Trial Court records immediately so as to enable the respondent-complainant to withdraw the amount in deposit.
Sd/JUDGE
NMS
3 issues framed by the court
Whether a criminal revision petition filed under Section 397 Cr.P.C. challenging a conviction under Section 138 of the N.I. Act merits set aside after parties settle and compound the dispute.
Whether the application petitioners filed for compounding under Section 320 Cr.P.C. R/w Section 147 N.I. Act warrants acceptance by this Court.
If the parties successfully compound the dispute, whether the impugned judgment of conviction and the confirmed order of acquittal should be set aside.
3 provisions across 2 enactments
Pre MAVathy D/Late Lingaiah
N. Veenakumari W/B. Krishna
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
