Allowed

Sri D C Ramu v. Sri Singri Gowda

Karnataka HC22 Feb 2023CRL.RP/529/2014

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of two criminal revision petitions preferring to set aside lower court orders in cheque dishonour cases. The court accepted the parties' joint application to compound the offences under Section 147 of the Negotiable Instruments Act following an amicable settlement, thereby acquitting the petitioner. The earlier conviction orders were set aside, and deposited am

What did the court decide?

The judgment and orders of conviction and sentence in C.C.No.233/2005 and C.C.No.278/2005 are set-aside; the petitioner is acquitted. The respondent is permitted to withdraw deposited amounts.

Sri D C Ramu Vs Sri Singri Gowda — Cheque Dishonour | Karnataka HC (2023)

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1 - CRL.R.P. No.529/2014 C/W CRL.R.P.NO.528/14

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRL.R.P. NO.529/2014 C/W CRL.R.P. NO.528/2014

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BETWEEN:

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Digitally signed by B A KRISHNA KUMAR Location: High Court of Karnataka

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SRI D.C. RAMU S/O CHIKKAVENKATAIAH AGED 61 YEARS RETIRED COFFEE BOARD EMPLOYEE NO.7, BLOCK NO.20 4TH MAIN ROAD, 4TH CROSS SHAKTHINAGAR, SATHAGALLI EXTENSION, MYSORE - 19. ...PETITIONER (COMMON) (BY SRI CHANDRACHOODA M.B., ADV.) AND:

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SRI SINGRI GOWDA S/O CHANDREGOWDA AGED 49 YEARS R/O MOOGANAKOPPALU KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT - 571 401. ...RESPONDENT (COMMON) (BY SRI L. RAJA, ADV.,)

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THIS CRL.R.P.529/2014 IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:30.06.2014 PASSED BY THE II ADDL. S.J., MANDYA IN CRL.A.NO.31/2010 AND THE ORDER DATED 12.3.2010 PASSED BY THE I ADDL. C.J. (JR. DN.) AND J.M.F.C., MALAVALLI IN C.C.NO.278/2005.

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THIS CRL.R.P.528/2014 IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:30.06.2014 PASSED BY THE II ADDL. S.J., MANDYA IN CRL.A.NO.30/2010 AND THE ORDER DATED 12.3.2010 PASSED BY THE I ADDL. C.J. (JR. DN.) AND J.M.F.C., MALAVALLI IN C.C.NO.233/2005.

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2 - CRL.R.P. No.529/2014 C/W CRL.R.P.NO.528/14

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

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COMMON ORDER

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These Criminal Revision Petitions arise between the same parties and therefore they are heard together and dispose of by this common order.

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The respondent herein had filed complaint in C.C.No.233/2005 before the Court of I Addl. Civil Judge (Jr.Dn) and JMFC, Malavalli against the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'the Act') on the ground that cheque issued for a sum of Rs.1,75,000/- by the petitioner to the respondent was dishonoured. In the said case, the Trial Court had convicted the petitioner for the alleged offence and sentenced him to pay fine of Rs.1,80,000/and in default, to undergo Simple Imprisonment for 3 months. Crl.A.No.30/2010 filed by the petitioner against the judgment and order of conviction and sentence was also dismissed on 30.06.2014 by the II Additional Sessions Judge, Mandya and challenging the said order, he has preferred Crl.R.P.No.528/2014 before this Court.

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3 - CRL.R.P. No.529/2014 C/W CRL.R.P.NO.528/14

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The respondent had also filed another complaint in C.C.No.278/2005 before the Court of I Addl. Civil Judge & JMFC, Malavalli against the petitioner for the offences punishable under Section 138 of N.I. Act alleging that cheque issued by the petitioner for a sum of Rs.1,55,000/- was dishonoured and in the said case the petitioner was convicted by the Trial Court and he was sentenced to pay fine of Rs.1,50,000/- and in default to undergo Simple Imprisonment for a period of 3 months. Crl.A.No.31/2010 filed by the petitioner against the said judgment and order passed by the Trial Court was dismissed by the appellate Court on 30.06.2014. As against the said order, the petitioner has filed Crl.RP.No.529/2014.

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Learned counsel for the petitioner and the respondent have jointly submitted that the dispute between the parties has been settled amicably at the intervention of wellwishers and family members and the respondent-complainant has agreed to receive a total sum of Rs.2,60,000/- from the petitioner towards full and final settlement of the dispute involved in the aforesaid two cases. They have also filed an application under Section 147 of the Act with a prayer to permit

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4 - CRL.R.P. No.529/2014 C/W CRL.R.P.NO.528/14

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them to compound the offence and set-aside the order of conviction passed by the Courts below against the petitioner. In the said application, it is mentioned that the petitioner has deposited a sum of Rs.90,000/- in C.C.No.233/2005 before the Trial Court and he has also deposited a sum of Rs.77,500/- in C.C.No.278/2005 before the Trial Court.

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The petitioner has stated that he has no objection to release the aforesaid amounts in favour of the respondent towards payment of agreed amount of Rs.2,60,000/- towards full and final settlement of dispute between the parties. It is also stated that balance amount of Rs.92,500/- has been paid by the petitioner to the respondent in cash and receipt of the said amount is acknowledged by the respondent.

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The parties are present before the Court and they have been identified by their respective advocates and they have also signed the application filed under Section 147 of the Act. Having regard to the same the aforesaid application filed today before the Court is accepted and the parties are permitted to compound the offence under Section 138 of the Act. Accordingly, the following:-

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5 - CRL.R.P. No.529/2014 C/W CRL.R.P.NO.528/14

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:: ORDER ::

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Criminal Revision Petition is disposed of in terms of application filed by the parties under Section 147 of N.I. Act and having regard to the same, the judgment and order of conviction and sentence passed by the Courts below in C.C.No.233/2005 and C.C.No.278/2005 which has been upheld in Crl.A.No.30/2010 and Crl.A.No.31/2010 are set-aside. Consequently, the petitioner is acquitted of the alleged offence.

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The respondent is permitted to withdraw the amount of Rs.90,000/- and Rs.77,500/- deposited by the petitioner before the Trial Court in C.C.No.233/2005 and C.C.No.278/2005 respectively on production of necessary document with regard to his identity.

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Sd/JUDGE

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NMS

Sri D C Ramu v. Sri Singri Gowda

Case brief

What is this about?

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Sri D C Ramu v. Sri Singri Gowda

Case brief

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