Allowed

Mr Manish Shah v. Col Rajbir Singh

Karnataka HC21 Feb 2023CRL.RP/723/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the revision petition following a compromise filed under Section 147 of the Negotiable Instruments Act, 1881. The petitioner paid a fine and an amount was deposited. The compoundable offence under Section 138 was compounded, and the conviction was set aside, acquitting the petitioner.

What did the court decide?

The revision petition is allowed, the offence is compounded, and the petitioner is acquitted. The impugned judgments are set aside.

Mr Manish Shah Vs Col Rajbir Singh — Cheque Dishonour | Karnataka HC (2023)

¶1

¶2

CRL.RP No. 723 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 21^ST DAY OF FEBRUARY, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 723 OF 2022

¶7

BETWEEN:

¶8

MR MANISH SHAH DIRECTOR AGED 58 YEARS ADITECH INFORECH PVT LTD., OFF. AT 2nd FLOOR, NO.24/25, SHUBH COMPLEX, NEAR RAJASTHAN HOSPITAL, SHAHIBAUGH, AHMADABAD - 380 004.

¶9

…PETITIONER

¶10

(BY SRI. KUMARA, ADVOCATE)

¶11

AND:

¶12

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

¶13

COL RAJBIR SINGH S/O LATE DEICHAND AGED ABOUT 61 YEARS, R/O HOUSE NO.130 B4, NETHRAVATHI BLOCK, NATIONAL GAMES VILLAGE, (NGV) KORAMANGALA, BENGALURU - 560 047. …RESPONDENT (BY SRI. RAJENDRA DESAI, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C. PLEASED TO ACQUIT THE PETITIONER BY SETTING ASIDE THE IMPUGNED JUDGMENT DATED 19.03.2022 PASSED IN CRL.A.NO.25274/2019 BY THE COURT OF THE LVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-58) VIDE AT ANNEXURE-A AND ALSO TO SET ASIDE THE JUDGMENT DATED 03.09.2019 PASSED IN C.C.NO.52225/2017 BY THE COURT OF THE LVII ACMM, BANGALORE VIDE AT ANNEXURE-B.

¶14

¶15

CRL.RP No. 723 of 2022

¶16

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

¶17

ORDER

¶18

This revision petition is filed challenging the judgment of conviction dated 03.09.2019 passed by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru (hereinafter referred to as 'Trial Court' for short) in C.C.No.52225/2017, by which, the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act, 1881' for short) and was sentenced to pay a fine of Rs.5,000/- and compensation of Rs.11,00,000/-. The petitioner has also challenged the judgment dated 19.03.2022 passed by the LVII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru in Crl.A.No.25274/2019, by which the judgment of the trial Court was upheld.

¶19

The parties shall henceforth be referred to as they were arraigned before the trial Court. The petitioner was the accused, while the respondent was the complainant.

¶20

When this revision petition was listed for admission,

¶21

the parties have filed an application under Section 147 of the

¶22

¶23

CRL.RP No. 723 of 2022

¶24

NI Act, 1881 to compromise the offence committed by the petitioner. The petitioner has agreed to pay a sum of Rs.9,00,000/-. The respondent is present in person and he submits that he is willing to accept a sum of Rs.9,00,000/towards full and final settlement of the amount payable by the petitioner.

¶25

The petitioner has this day handed over a sum of Rs.4,55,000/- (Rupees Four Lakhs Fifty Five Thousand Only) by cash, the receipt of which is acknowledged by the respondent. The balance sum of Rs.4,45,000/- (Rupees Four Lakhs Forty Five Thousand Only) is in deposit before the trial Court, which the petitioner has no objection to release it to the respondent.

¶26

In view of the above, since the compromise is just and proper, I.A.No.1/2023 is allowed. Consequently, this revision petition is allowed . The offence committed by the petitioner under Section 138 of the NI Act, 1881 is compounded. Hence, the judgment of conviction dated 03.09.2019 passed by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru in C.C.No.52225/2017 is set aside. Likewise, the judgment dated 19.03.2022 passed by

¶27

¶28

CRL.RP No. 723 of 2022

¶29

the LVII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru in Crl.A.No.25274/2019 is also set aside.

¶30

The petitioner is acquitted of the offence punishable under Section 138 of NI Act, 1881.

¶31

The amount in deposit before the Trial Court shall be released in favour of the respondent.

¶32

Sd/JUDGE

¶33

NR/-

¶34

List No.: 1 Sl No.: 55

Mr Manish Shah v. Col Rajbir Singh

Case brief

What is this about?

What did the court decide?

Mr Manish Shah v. Col Rajbir Singh

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

Mrs Jamuna K P Vs Mr v B Krishna

Dr.Yathindranath Shetty Vs Sri.Bhadrappa Kulakarni

Sri Raju H B Vs Sri B Shivarajaiah

Mr Nagendra Kumar Vs State of Karnataka

Anil Kumar M K Vs Smt Yogamani

Sri. M.V. Krishnappa @ M.V. Krishna Vs Sri. B. Krishnamurthy Acharya