Allowed

P Muniraju v. Venkatesh N R

Karnataka HC6 Apr 2023CRL.RP/376/2023

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 of Karnataka allowed the petition based on a joint settlement memo between parties, permitted compounding of the offence, set aside the conviction and sentence, and ordered release of deposited amount.

What did the court decide?

The criminal revision petition is allowed; conviction and sentence are set aside; petitioner is acquitted; respondent permitted to withdraw Rs.85,000 deposited.

P Muniraju Vs Venkatesh N R — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 376 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF APRIL, 2023

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BEFORE

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THE HON’BLE MR. JUSTICE S VISHWAJITH SHETTY

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CRIMINAL REVISION PETITION NO.376 OF 2023

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BETWEEN:

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P. MUNIRAJU, S/O. PANDURANGAPPA, AGED ABOUT 38 YEARS, R/AT NAGAMANGALA VILLAGE, JANGAMAKOTE HOBLI, SHIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT – 571 432. ... PETITIONER

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(BY SRI KARTHIK B.Y., ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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VENKATESH N.R. S/O. RANGAPPA, AGED ABOUT 51 YEARS, R/AT NAGAMANGALA VILLAGE, JANGAMAKOTE HOBLI, SHIDLAGHATTA TALUK, CHIKKABALLAPUR DISTICT – 571 432. ... RESPONDENT

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(BY MRS. CHITHRALEKHA H.R., ADVOCATE)

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THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W 401 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE DATED 11.08.2022 PASSED BY THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., CHIKKABALLAPURA IN C.C.NO.571/2019, WHEREBY THE APPELLANT HAS BEEN CONVICTED FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT AND SENTENCED TO UNDERGO SIMPLE IMPRISONMENT FOR ONE YEAR AND PAY A FINE OF RS.4,25,000/-, IN DEFAULT HE SHALL FURTHER UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF THREE MONTHS AND ORDER PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,

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CRL.RP No. 376 of 2023

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CHIKKABALLAPURA IN CRL.A.NO.26/2022 DATED 25.01.2023, WHEREIN THE APPELLATE COURT HAS CONFIRMED THE ABOVE SAID ORDER.

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THIS CRL.R.P. COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This criminal revision petition under Section 397 read with Section 401 of Cr.P.C. is filed by the accused challenging the judgment and order of conviction and sentence dated 11.08.2022, passed in C.C. No.571/2019 by the Court of the Additional Civil Judge and JMFC, Chikkaballapura, which has been confirmed in Crl.A.No.26/2022 by the I Additional District and Sessions Judge at Chikkaballapur dated 25.01.2023.

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Learned counsel for the parties at the inception jointly submit that the dispute between the parties has been amicably settled during the pendency of this revision petition and towards full and final settlement the amount covered under the check in question, the respondent has agreed to receive a sum of Rs.3,50,000/- from the accused. Having regard to the settlement between the parties, they have filed a joint memo reporting settlement and pray to permit the

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CRL.RP No. 376 of 2023

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parties to compound the offence. The joint memo, which is signed by the parties and their respective advocates is taken on record.

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3. The relevant portion of the joint memo reads as

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follows:

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“The Petitioner has agreed to pay a sum of Rs.3,50,000/- (Rupees Three Lakh fifty thousand only) towards compounding charges. Both the parties have compounded the offence under Section 147 of NI Act.

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The Petitioner has deposited a sum of Rs.85,000/- before Trial Court as per direction of this Appellate Court. This Hon’ble Court may be pleased to direct the learned Trial Court to release the said amount in favour of Respondent.

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Further, the Petitioner today is paying a sum of Rs.2,65,000/- by way of cash. The same received and acknowledged by the Respondent herein.”

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4. In view of the settlement arrived at between the

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parties, they are permitted to compound the offence for which the petitioner has been convicted and sentenced by the Courts below and accordingly the following:

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CRL.RP No. 376 of 2023

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ORDER

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i. Having regard to the settlement arrived at between the parties, in exercise of powers under Section 147 of Negotiable Instrument Act, the parties are permitted to compound the offence under Section 138 of Negotiable Instrument Act for which the petitioner has been convicted and sentenced by the Courts below.

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ii. Consequently, the criminal revision petition is allowed and the judgment and order of conviction and sentence passed by the Courts below are set aside and the petitioner is acquitted for the offence punishable under Section 138 of Negotiable Instruments Act.

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iii. Respondent/Complainant is permitted to withdraw the amount of Rs.85000/- deposited by the petitioner/accused in CC No.571/2019 before the Trial Court.

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Sd/JUDGE

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MBM

P Muniraju v. Venkatesh N R

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P Muniraju v. Venkatesh N R

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