Allowed

Sri.H.R.Vishwanath v. M/S. Classic Coffee and Spices

Karnataka HC22 Feb 2023CRL.RP/634/2014

Case brief

AI extract

What is this about?

In a criminal revision regarding a cheque dishonour conviction, the High Court allowed a fresh settlement application. The petitioners and respondent settled the dispute, leading to the petitioner's acquittal and setting aside of prior convictions.

What did the court decide?

The criminal revision petition is disposed of; the prior conviction and sentence are set aside; the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881.

Sri.H.R.Vishwanath Vs M/S. Classic Coffee and Spices — Cheque Dishonour | Karnataka HC (2023)

¶1

¶2

CRL.RP No. 634 of 2014

¶3

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

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶6

CRL.R.P. NO. 634 OF 2014

¶7

BETWEEN:

¶8

SRI H.R. VISHWANATH S/O H.R. RAMEGOWDA AGED ABOUT 62 YEARS COFFEE PLANTER R/AT DOOPADACOOL ESTATE JAKKANAHALLI POST CHICKMAGALUR TALUK - 577 102.

¶9

…PETITIONER

¶10

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

¶11

(BY SRI D.M. LOHITH, ADV., FOR SRI K.T. GURUDEV PRASAD., ADV.)

¶12

AND:

¶13

M/S. CLASSIC COFFEE AND SPICES PVET. LTD, BRANCH OFFICE AT ADISHAKTHI NAGAR P.O. BOX NO.125 CHICKMAGALUR - 577 102 REPRESENTED BY ITS MANAGING DIRECTOR SRI D.M. SHANKAR.

¶14

…RESPONDENT

¶15

(BY SRI M.S. RAGHAVENDRA PRASAD., ADV.)

¶16

THIS CRL.RP IS FILED U/S.397 R/W.401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 2.7.2014 PASSED BY THE I - ADDL. DISTRICT AND SESSIONS JUDGE AT CHICKMAGALUR IN CRL.A.NO.59/2012 DISMISSING THE APPEAL AND SET ASIDE THE JUDGMENT DATED 15.3.2006 IN C.C.NO.1380/2006 PASSED BY THE I - ADDL. CIVIL JUDGE AND JMFC, CHICKMAGALUR.

¶17

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

¶18

¶19

CRL.RP No. 634 of 2014

¶20

ORDER

¶21

This criminal revision petition is filed challenging the judgment and order of conviction and sentence dated 15.03.2006 passed by the Court of I Addl. Civil Judge & JMFC, Chikmagalur, in C.C.No.1380/2006 and the judgment and order dated 02.07.2014 passed by the Court of I Addl. District & Sessions Judge, Chikmagalur, in Crl.A.No.59/2012.

¶22

Brief facts of the case as revealed from the records that may be necessary for the disposal of this petition are, the respondent herein had filed a complaint under Section 200 Cr.PC against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') alleging that the cheque bearing No.633628 dated 04.01.2005 issued by him for a sum of Rs.16 lakhs drawn on Canara Bank, Chikmagalur, towards discharge of his legally recoverable debt, was dishonoured on presentation and inspite of service of statutory notice, the petitioner had failed to pay the amount covered under the cheque.

¶23

In the said proceedings, the petitioner was convicted for the offence punishable under Section 138 of the Act by the

¶24

¶25

CRL.RP No. 634 of 2014

¶26

Trial Court and he was sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.26,37,000/- and in default to pay the fine amount, he was sentenced to undergo simple imprisonment for a period of six months. The appeal filed by the petitioner against the said judgment and order of conviction and sentence in Crl.A.No.59/2012 was dismissed by the Appellate Court on 02.07.2014. It is under these circumstances, the petitioner is before this Court in this revision petition.

¶27

Learned Counsel for the petitioner and the learned Counsel for the respondent jointly submit that the dispute between the parties has been amicably settled at the intervention of well-wishers and elders and the parties have filed an application under Section 147 of the Act read with Section 482 Cr.PC seeking permission of the Court to compound the offence and in the said application, it is stated that towards full and final settlement of the amount covered under the cheque, the respondent has agreed to receive a sum of Rs.12 lakhs from the petitioner and in that regard, the petitioner has paid a sum of Rs.2 lakhs by way of Demand Draft dated 21.02.2023 and for the balance amount of Rs.10 lakhs,

¶28

¶29

CRL.RP No. 634 of 2014

¶30

the petitioner has issued post-dated cheque bearing No.000006 dated 20.07.2023 drawn on Bank of Baroda, Avathi Branch, Chikmagalur, and the petitioner has undertaken to honour the cheque on the date for which it is drawn and the respondent has agreed to encash the said cheque on the said date. The receipt of the Demand Draft as well as the cheque has been acknowledged by the respondent's advocate. The said application is signed by the advocate for the petitioner as well as the advocate for the respondent and the petitioner. Learned Counsel for the respondent submits that the respondent has voluntarily agreed for the settlement and he has authorized him to sign on his behalf in the application filed under Section 147 of the Act.

¶31

Having regard to the settlement arrived between the parties, the parties are permitted to compound the offence under Section 138 of the Act. This criminal revision petition is disposed of in terms of the application - IA-1/2023 filed by the parties under Section 147 of the Act. The judgment and order of conviction and sentence dated 15.03.2006 passed by the Court of I Addl. Civil Judge & JMFC, Chikmagalur, in C.C.No.1380/2006 and the judgment and order dated

¶32

¶33

CRL.RP No. 634 of 2014

¶34

02.07.2014 passed by the Court of I Addl. District & Sessions Judge, Chikmagalur, in Crl.A.No.59/2012, are set aside. The petitioner is acquitted of the offence under Section 138 of the Act. In the event, the post-dated cheque issued by the petitioner towards payment of balance amount of Rs.10 lakhs is not honoured, the respondent is at liberty to revive this petition.

¶35

SD/JUDGE

¶36

Sri.H.R.Vishwanath v. M/S. Classic Coffee and Spices

Case brief

What is this about?

What did the court decide?

Sri.H.R.Vishwanath v. M/S. Classic Coffee and Spices

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Enforcement Officer Vs Shri C.S. Subramanian

M B Mahesh Vs State of Karnataka

Pokar Vs State of Karnataka

Sri D C Ramu Vs Sri Singri Gowda

Sri G Nagaraju Vs State by Cpi

Sridhara Ganiga Vs M/S Sri Sudhindra Finance