Allowed

Sri. v. Prabhakar Reddy v Sri. B.M. Rangaswamy

Karnataka HC23 Aug 2023CRL.RP/844/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a criminal revision petition, allowed an application for compounding under Section 147 of the Negotiable Instruments Act, 1881, following an amicable settlement. The court set aside the impugned conviction and sentence, acquitted the petitioner of the cheque bounce offence, cancelled bail bonds, and directed the payment of deposited amounts to the complainant.

What did the court decide?

The application for compounding was allowed; the impugned judgment and sentence were set aside; the petitioner was acquitted; bail bonds were cancelled; and the deposited amount was directed to be pai

Sri. v. Prabhakar Reddy Vs Sri. B.M. Rangaswamy — Cheque Dishonour | Karnataka HC (2023)

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1 - NC: 2023:KHC:30211 CRL.RP No. 844 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL REVISION PETITION NO. 844 OF 2019

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BETWEEN:

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SRI. V. PRABHAKAR REDDY, S/O LATE V. YANGA REDDY, AGED ABOUT 44 YEARS, R/AT NO.185/2, MUNISHAMI REDDY STREET, BEHIND ANJANEYA TEMPLE, CHALLAKERE, KALYANA NAGAR POST, BANGALORE-560 043.

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…PETITIONER

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(BY SRI. SOMESH .D.L, ADVOCATE) AND:

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Digitally signed by RENUKAMBA K G

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Location: High Court of Karnataka

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SRI. B.M. RANGASWAMY, S/O SRI. M. MAGADAPPA, AGED ABOUT 48 YEARS, R/AT NO.004, WHITE ROSE MARWELS APARTMENTS, SURABHI LAYOUT, YELAHANKA, BANGALORE-560 064.

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…RESPONDENT (BY SRI. PRABHUGOUD .B TUMBIGI, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 17.06.2019 PASSED BY THE HON'BLE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-65), AT BENGALURU IN CRL.A.NO.1528/2015 IN CONFIRMING THE JUDGMENT AND SENTNECE PASSED BY THE HON'BLE XVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.4815/2013 DATED 03.12.2015 AND ACQUIT THE PETITIONER IN THE ABOVE CASE.

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NC: 2023:KHC:30211 CRL.RP No. 844 of 2019

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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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The revision petitioner / accused and respondent / complainant along with their respective counsel are present.

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The parties have submitted an application under

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Section 147 of the Negotiable Instruments Act, 1881 reporting compounding of the offence amongst themselves by intervention of elders of the Village for a sum of Rs.1 Lakh and further, it is submitted that Rs.65,000/deposited in the Court shall be repaid to the complainant / respondent herein and the balance of Rs.35,000/- is paid to the complainant / respondent herein today in the court. The respondent / complainant has acknowledged the receipt of Rs.35,000/-.

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Both the parties have also filed a joint affidavit reporting settlement. The contents of the compromise petition are read over and explained to the parties in presence of their respective counsel in Kannada language

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3 - NC: 2023:KHC:30211 CRL.RP No. 844 of 2019

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known to them and they admit the contents are true and correct.

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I am satisfied that the parties have settled their

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dispute amicably without any threat or coercion. The compromise is not against any settled law. In view of the same, the application filed under Section 147 of the Negotiable Instruments Act, 1881 needs to be allowed. Accordingly, I proceed to pass the following:

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O R D E R

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(i) The application filed by both the parties under Section 147 of the Negotiable Instruments Act, 1881 is allowed. The matter stands compounded.

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(ii) The impugned judgment of conviction and order of sentence passed by XXXIII Additional CMM Court in C.C.No.4815/2013 dated 03.12.2015 and confirmed in Crl.A.No.1528/2015 by LXIV Additional City Civil and Sessions Judge, Bangalore vide judgment dated 17.06.2019 are set aside.

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NC: 2023:KHC:30211 CRL.RP No. 844 of 2019

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(iii) The accused / revision petitioner stand acquitted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

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(iv) In view of the compounding of the offence, the bail bonds executed by the accused / revision petitioner stand cancelled.

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(v) The amount deposited by the revision petitioner / accused before the trial court as well as before the appellate court amounting to RS.65,000/- shall be paid to the complainant / respondent herein.

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(vi) The compromise petition shall be part of this judgment.

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Sd/JUDGE

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List No.: 1 Sl No.: 27

Sri. v. Prabhakar Reddy v Sri. B.M. Rangaswamy

Case brief

What is this about?

What did the court decide?

Sri. v. Prabhakar Reddy v Sri. B.M. Rangaswamy

Case brief

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What did the court decide?

What the court decided

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