Allowed

Smt. Meenakumari v. Smt. Ashwini. B. S.

Karnataka HC7 Feb 2023CRL.RP/256/2021

Case brief

AI extract

What is this about?

Filing a CRL.RP under S. 401 Cr.P.C. to set aside conviction and sentence under S. 138 N.I. Act. The Court allowed settlement of disputed amount primarily in cash and deposit. Offence compounded. Conviction and sentence set aside. Petitioner acquitted.

What did the court decide?

Conviction and sentence set aside. Petitioner acquitted of offence under Section 138 N.I. Act. Amount of Rs. 6,00,000/- deposited ordered to be released to respondent.

Smt. Meenakumari Vs Smt. Ashwini. B. S. — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 256 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^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. 256 OF 2021

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BETWEEN:

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SMT. MEENAKUMARI W/O KRISHNAPPA M., AGED ABOUT 61 YEARS, R/O K.B.S. AGRAHARA, OPP. TO PETROL BUNK, KUNIGAL TALUK, TUMKUR DISTRICT-57213

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…PETITIONER

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(BY SRI. A.N. RADHAKRISHNA, ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SMT. ASHWINI. B.S. W/O LOKESH, AGED ABOUT 34 YEARS, R/AT NO.6, 3^RD CROSS, BEHIND VENKATESHWARA THEATRE, AVALAHALLI, BENGALURU-560 026. …RESPONDENT (BY SRI. D.M.MANJUNATH, ADVOCATE FOR SRI. A.G.SHIVANNA, ADVOCATE) 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 OF CONVICTION AND SENTENCE PASSED BY THE LEARNED XVIII A.C.M.M., AT BENGALURU IN C.C.NO.17472/2017 DATED 05.11.2019,

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CRL.RP No. 256 of 2021

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CONVICTING THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I ACT AND CONFIRMED IN CRL.APPEAL NO.2452/2019, DATED 21.01.2021 BY THE LEARNED LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I. ACT, 1881.

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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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This revision petition is filed challenging the Judgment of conviction and sentence dated 05.11.2019 passed by the XVIII Additional Chief Metropolitan Magistrate, Bengaluru, (for short, 'the Trial Court') in C.C. No.17472/2017 convicting the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 188 1 (for short, ‘the N.I. Act’) and sentencing him to pay fine of Rs.30,20,000/. The petitioner is also aggrieved by the Judgment passed by the LXI Additional City Civil and Sessions Judge, Bengaluru City, in Criminal Appeal No.2452/2019 by which the said judgment of conviction passed by the Trial Court was confirmed.

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CRL.RP No. 256 of 2021

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When the revision petition is listed for admission, parties have filed an application under Section 147 of the Negotiable Instruments Act, 1881 (for short, ‘the N.I. Act’) where they have contended that they have settled the dispute at a sum of Rs.12,00,000/- towards full and final settlement of the amount payable under the cheque in question.

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The petitioner has no objection for release of the amount of Rs.6,00,000/- which is in deposit before the Trial Court, to the respondent. It is stated that the petitioner has paid a sum of Rs.2,00,000/- by cash to the respondent today, which is acknowledged by the respondent. The remaining sum of Rs.4,00,000/- is agreed to be paid by the petitioner within 31.07.2023 for which the respondent has no objection. The parties have also agreed that in the event of the petitioner failing to pay the sum of Rs.4,00,000/- by 31.07.2023, the respondent is entitled to recover the entire amount of Rs.30,00,000/- as per the impugned Order of sentence passed by the Trial Court.

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Heard the learned counsel for the petitioner as well as the learned counsel for the respondent.

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CRL.RP No. 256 of 2021

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Since the parties have amicably settled the dispute, I.A. No.1/2023 is allowed. Consequently, the revision petition is allowed. The offence committed by the petitioner under Section 138 of the N.I. Act is compounded. As a result, the Judgment of conviction and sentence dated 05.11.2019 passed by the XVIII Additional Chief Metropolitan Magistrate, Bengaluru, in C.C. No.17472/2017 is set aside. Similarly, the Judgment passed by the LXI Additional City Civil and Sessions Judge, Bengaluru City, in Criminal Appeal No.2452/2019 is also set aside. The petitioner / accused is acquitted of the offence under Section 138 of the N.I. Act.

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The amount of Rs.6,00,000/- deposited by the petitioner before the Trial Court is ordered to be released in favour of the respondent.

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This order is subject to the compliance of the mutual obligations of the petitioner as mentioned in the application in I.A. No.1/2023.

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Since it is pleaded by the petitioner and the respondent that the petitioner is facing severe financial hardships and that she is not able to pay the graded cost as stipulated by the

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CRL.RP No. 256 of 2021

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Hon’ble Apex Court in Damodar S.Prabhu v. Sayed Babalal

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H [(2010) 5 SCC 663], payment of the graded cost is

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dispensed.

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Sd/JUDGE

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