Allowed

K Muniraju v. B R Madusudan

Karnataka HC25 Oct 2023CRL.RP/38/2021

Case brief

AI extract

What is this about?

In hearing multiple criminal revision petitions jointly filed by K Muniraju challenging convictions in cheque bounce cases, the High Court of Karnataka allowed the petitions. Upon verification that a settlement agreement of Rs. 4.80 crores was realized, the court set aside the impugned judgments and acquitted the petitioner.

What did the court decide?

The criminal revision petitions are allowed. The impugned orders and judgments in the respective cases are set aside. The petitioner is acquitted.

K Muniraju Vs B R Madusudan — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

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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

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CRIMINAL REVISION PETITION NO.38 OF 2021 C/W

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CRIMINAL REVISION PETITION NO.29 OF 2021 CRIMINAL REVISION PETITION NO.30 OF 2021 CRIMINAL REVISION PETITION NO.31 OF 2021 CRIMINAL REVISION PETITION NO.33 OF 2021

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IN CRL.RP NO.38 OF 2021

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BETWEEN:

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K MUNIRAJU S/O LATE KEMPANNA AGED ABOUT 54 YEARS R/AT NO.2231/1, 'D' BLOCK NEAR WATER TANK SHANKARANAGAR, BENGALURU-560 092

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Digitally signed by MADHURI S Location: High Court of Karnataka

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(BY SRI. BIPIN HEGDE, ADVOCATE)

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AND:

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…PETITIONER

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B R MADUSUDAN S/O RAMAMURTHY AGED ABOUT 41 YEARS R/AT BIDALURU VILLAGE KASABA HOBLI DEVANAHALLI TALUK - 562 164 BENGALURU RURAL DISTRICT

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…RESPONDENT

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(BY SRI. G. NARASI REDDY, ADVOCATE)

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CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO a) SET ASIDE THE JUDGMENT DATED 13.05.2019 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, AT DEVANAHALLI IN C.C.NO.636/2018; b) SET ASIDE THE JUDGMENT DATED 06.01.2021 PASSED BY THE HON'BLE 5^TH ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT AT DEVANAHALLI IN CRIMINAL APPEAL NO.15019/2019; c) ISSUE ANY ORDER WHICH THIS HON'BLE COURT MAY DEEM NECESSARY IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CRL.RP NO.29 OF 2021

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BETWEEN:

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K MUNIRAJU

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S/O LATE KEMPANNA AGED ABOUT 54 YEARS R/AT NO.2231/1, 'D' BLOCK NEAR WATER TANK SHANKARANAGAR, BENGALURU-560 092

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…PETITIONER

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(BY SRI. BIPIN HEGDE, ADVOCATE)

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AND:

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B R MADUSUDAN S/O RAMAMURTHY AGED ABOUT 41 YEARS R/AT BIDALURU VILLAGE KASABA HOBLI DEVANAHALLI TALUK - 562 164 BENGALURU RURAL DISTRICT

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…RESPONDENT

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(BY SRI. G. NARASI REDDY, ADVOCATE)

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CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

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ASIDE THE JUDGMENT DATED 06.01.2021 PASSED BY THE HON'BLE 5^TH ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT AT DEVANAHALLI IN CRIMINAL APPEAL NO.15020/2019; c) ISSUE ANY ORDER WHICH THIS HON'BLE COURT MAY DEEM NECESSARY IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CRL.RP NO.30 OF 2021

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BETWEEN:

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K MUNIRAJU S/O LATE KEMPANNA AGED ABOUT 54 YEARS R/AT NO.2231/1, 'D' BLOCK NEAR WATER TANK SHANKARANAGAR, BENGALURU - 560 092

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…PETITIONER

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(BY SRI. BIPIN HEGDE, ADVOCATE)

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AND:

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B R MADHUSUDHAN S/O RAMAMURTHY AGED ABOUT 41 YEARS R/AT BIDALURU VILLAGE KASABA HOBLI DEVANAHALLI TALUK - 562 164 BENGALURU RURAL DISTRICT

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…RESPONDENT

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(BY SRI. G NARASI REDDY, ADVOCATE)

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO a) SET ASIDE THE JUDGMENT DATED 13.05.2019 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, AT DEVANAHALLI IN C.C.NO.947/2018; b) SET ASIDE THE JUDGMENT DATED 06.01.2021 PASSED BY THE HON'BLE 5^TH ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT AT DEVANAHALLI IN CRIMINAL APPEAL NO.15002/2020; c) ISSUE ANY ORDER WHICH THIS HON'BLE

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CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

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COURT MAY DEEM NECESSARY IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CRL.RP NO.31 OF 2021

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BETWEEN:

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K MUNIRAJU S/O LATE KEMPANNA AGED ABOUT 54 YEARS R/AT NO.2231/1, 'D' BLOCK NEAR WATER TANK SHANKARANAGAR, BENGALURU - 560 092

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…PETITIONER

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(BY SRI. BIPIN HEGDE, ADVOCATE)

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AND:

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B R MADUSUDAN S/O RAMAMURTHY AGED ABOUT 41 YEARS R/AT BIDALURU VILLAGE KASABA HOBLI DEVANAHALLI TALUK - 562 164 BENGALURU RURAL DISTRICT

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…RESPONDENT

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(BY SRI. G. NARASI REDDY, ADVOCATE)

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO a) SET ASIDE THE JUDGMENT DATED 13.05.2019 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, AT DEVANAHALLI IN C.C.NO.568/2018; b) SET ASIDE THE JUDGMENT DATED 06.01.2021 PASSED BY THE HON'BLE 5^TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT DEVANAHALLI IN CRIMINAL APPEAL NO.15021/2019; c) ISSUE ANY ORDER WHICH THIS HON'BLE COURT MAY DEEM NECESSARY IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

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IN CRL.RP NO.33 OF 2021

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BETWEEN:

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K MUNIRAJU S/O LATE KEMPANNA AGED ABOUT 54 YEARS R/AT NO.2231/1, 'D' BLOCK NEAR WATER TANK SHANKARANAGAR, BENGALURU - 560 092

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…PETITIONER

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(BY SRI. BIPIN HEGDE, ADVOCATE)

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AND:

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B R MADHUSUDHAN S/O RAMAMURTHY AGED ABOUT 41 YEARS R/AT BIDALURU VILLAGE KASABA HOBLI DEVANAHALLI TALUK - 562 164 BENGALURU RURAL DISTRICT

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…RESPONDENT

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(BY SRI. G. NARASI REDDY, ADVOCATE)

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO a) SET ASIDE THE JUDGMENT DATED 13.05.2019 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, AT DEVANAHALLI IN C.C.NO.5634/2017; b) SET ASIDE THE JUDGMENT DATED 06.01.2021 PASSED BY THE HON'BLE 5^TH ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT AT DEVANAHALLI IN CRIMINAL APPEAL NO.15022/2019; c) ISSUE ANY ORDER WHICH THIS HON'BLE COURT MAY DEEM NECESSARY IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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6 - CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

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ORDER

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Learned counsel for the petitioner/accused is present physically.

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Learned counsel for the respondent/complainant is present through video conferencing.

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Respondent/complainant is present before the Court. 2. On 13.10.2023, a memo was filed reporting the

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settlement and five pay orders for a total sum of Rs.3,55,00,000/were issued. Vide order dated 13.10.2023, the said fact was reflected with an observation that learned counsel for the respondent insisted that memo can be accepted only after encashment of the pay orders. Today, it is submitted that pay orders for a total sum of Rs.3,55,00,000/is realized. Rs.1,25,00,000/- which is in deposit before the trial Court

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is also released and thereby the matter is settled for a total sum of Rs.4,80,00,000/-. Though the amount is for Rs.5,00,00,000/-, the matter is settled for

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Rs.4,80,00,000/-.

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7 - CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

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In the light of the settlement entered into by

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the parties, petitions are allowed and the impugned order in C.C.Nos.636/2018, 159/2017, 947/2018, 568/2018 and 5634/2017 which is confirmed in Crl.A.Nos.15019/2019, 15020/2019, 15002/2020, 15021/2019 and 15022/2019 are set aside and petitioner/accused is acquitted for the offence punishable under Section 138 of Negotiable Instruments Act.

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Sd/JUDGE

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MDS

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List No.: 1 Sl No.: 49

K Muniraju v. B R Madusudan

Case brief

What is this about?

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K Muniraju v. B R Madusudan

Case brief

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