Allowed

Sri. M. Ramanjaneya. a. v. Sri. a. Joseph Vijaya Kumar

Karnataka HC9 Nov 2023CRL.RP/407/2023

Case brief

AI extract

What is this about?

In a criminal revision petition, the High Court of Karnataka allowed an application under Section 147 Cr.P.C due to a compounding of offence. The court set aside impugned conviction orders and acquitted the petitioner, permitting the respondent to withdraw deposited funds.

What did the court decide?

The impugned orders dated 21.12.2022 and 02.03.2021 were set aside; petitioner was acquitted; bail bond discharged; respondent permitted to withdraw Rs.90,000.

Sri. M. Ramanjaneya. a. Vs Sri. a. Joseph Vijaya Kumar — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 407 of 2023 NC: 2023:KHC:40245

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^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.407 OF 2023

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BETWEEN:

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SRI. M. RAMANJANEYA. A. S/O ANJANAPPA AGED ABOUT 33 YEARS, R/AT NO.131, 2^ND CROSS, NETAJI CIRCLE, BAGEPALLI, CHIKKABALLAPUR - 561 207 C/O YASHILA HEALTH CARE DEVICSE, NO.6/1, CONNAUGHT ROAD QUEENS ROAD CROSS BENGALURU - 560 052

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…PETITIONER

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(BY SRI. KIRAN N, ADVOCATE)

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AND:

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SRI. A. JOSEPH VIJAYA KUMAR Digitally signed AGED ABOUT 41 YEARS by MADHURI S R/AT NO.8/1, 2^ND FLOOR, Location: High 4^TH MAIN ROAD, 13^TH CROSS, Court of CHINNAPPA GARDEN, Karnataka BENSON TOWN POST, BENGALURU - 560 046

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…RESPONDENT

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(BY SRI. PRABHAKAR S, 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 AND ORDER DATED 21-12-2022 PASSED BY HON'BLE 62^ND ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-63) BENGALURU IN CRIMINAL APPEAL NO.88/2022; b) SET-ASIDE THE JUDGMENT AND ORDER DATED 02-03-2021 PASSED BY HON'BLE 15^TH

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CRL.RP No. 407 of 2023 NC: 2023:KHC:40245

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ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY IN C.C.NO.13384/2019 BY RESTORING THE CASE FOR TRIAL AND FRESH CONSIDERATION; c) PASS SUCH OTHER ORDER RELIEF'S THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE ABOVE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner/accused and respondent/complainant

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present.

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Both learned counsel are also present.

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I.A.No.2/2023 is filed under Section 147 r/w

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Section 401 of Cr.P.C reporting settlement, the contents of which reads as follows:

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"It is submitted that, the petitioner has preferred the above petition before the Hon'ble Court against the order of judgment and order dated 02.03.2021 passed by Hon'ble 15 Additional Chief Metroplitan Magistrate, Bengaluru City in C.C.No.13384/2019 and also the judgment dated 21.12.2022 passed by Hon'ble 62^nd Addl.City Civil and Sessions Judge, (CCH-63) Bengaluru in Crl.A.No.88/2022.

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It is submitted that, subsequent to the filing of this petition, the parties have settled their dispute amicably by intervention of their common friends, in pursuance of the same the petitioner has paid a sum of Rs.2,00,000/to the respondent vide D.D.No.822673, drawn on Union Bank of India, Jayanagara 3rd Block Branch, Bengaluru. The

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3 - CRL.RP No. 407 of 2023 NC: 2023:KHC:40245

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respondent has agreed to accept and received the same.

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It is submitted that, either of the parties have no claims what so ever against each other in any manner, they have settled their disputes, so the operation and execution of the judgment passed in Calendar Case No.13384/2019 passed by the Hon'ble 15^th Additional Chief Metropolitan Magistrate, Bengaluru City shall have no effect.

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Wherefore, it is humbly prays that this Hon'ble High Court be pleased to grant the leave to the parties to arrive for an amicable settlement of the dispute and further it is humbly prayed that this Hon'ble Court be pleased to set aside the order of conviction passed by the trial Court and acquit the accused for the offence tried by compounding the offence by virtue of the above terms agreed by the petitioner and respondent in the interest of justice."

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Both the learned counsel submits that

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Rs.90,000/- is deposited before the trial Court and the respondent/complainant may be permitted to withdraw the same.

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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) I.A.No.2/2023 is allowed.

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(ii) The impugned orders dated 21.12.2022 in Crl.A.No.88/2022 on the file of 62^nd

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4 - CRL.RP No. 407 of 2023 NC: 2023:KHC:40245

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Addl.City Civil and Sessions Judge, Bengaluru and dated 02.03.2021 in C.C.No.13384/2019 on the file of 15^th Addl.CMM, Bengaluru are set aside.

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

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(iv) The respondent is permitted to withdraw Rs.90,000/- which is stated to be deposited before the trial Court.

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In the result petition stand disposed of.

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Send a copy of this order to the trial Court through e-mail.

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Sd/JUDGE

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RR List No.: 1 Sl No.: 20

Sri. M. Ramanjaneya. a. v. Sri. a. Joseph Vijaya Kumar

Case brief

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Sri. M. Ramanjaneya. a. v. Sri. a. Joseph Vijaya Kumar

Case brief

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