Allowed

Sri. B. Vijaya Kumar Hegde v. M/S. Kanva Power Projects

Karnataka HC22 Aug 2023CRL.RP/899/2019

Case brief

AI extract

What is this about?

High Court of Karnataka allowed a criminal revision petition under Section 397 read with Section 401 Cr.P.C. The Court accepted a joint compromise petition filed under Section 147 of the Negotiable Instruments Act, 1881. Consequently, the conviction and sentence of the accused were set aside, and he was acquitted of the charge.

What did the court decide?

Conviction and sentence set aside; petitioner acquitted; application under Section 147 NI Act allowed; bail bonds cancelled; compensated amount deposited returned as per order.

Sri. B. Vijaya Kumar Hegde Vs M/S. Kanva Power Projects — Cheque Dishonour | Karnataka HC (2023)

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1 - NC: 2023:KHC:29983 CRL.RP No. 899 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL REVISION PETITION NO. 899 OF 2019

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BETWEEN:

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SRI. B. VIJAYA KUMAR HEGDE, S/O LATE SRI. BHOJARAJ HEGDE, AGED: 65 YEARS, R/AT: SUSI RESEARCH CENTER, POST: SHIVALLI, AMBAGIL, MANIPAL ROAD, UDUPI-576 102.

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…PETITIONER

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(BY SRI. SURESH .P, ADVOCATE)

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AND:

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Digitally signed by RENUKAMBA K G

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Location: High Court of Karnataka

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M/S. KANVA POWER PROJECTS, REPRESENTED BY ITS PROPRIETOR, SRI.N. NANJUNDAIAH, R/AT NO.861, KANVA SRI SAI COMPLEX, WOC ROAD, OPP. MODI HOSPITAL, RAJAJINAGAR, BENGALURU-560 086.

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…RESPONDENT

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(BY SRI. SAMPATH BAPAT, ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C

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PRAYING TO

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(a) SET ASIDE THE JUDGMENT OF CONVICTION PASSED BY THE HON'BLE XXI ACMM IN C.C.NO.16344/2011 DATED 27.04.2018 AS WELL AS FIRST APPELLANT COURT IN CRIMINAL APPEAL NO.949/2018 PASSED BY THE HON'BLE XIV ADDITIONAL CITY CIVIL AND SESSION JUDGE (CCH-65) AT BENGALURU,DATED 04.05.2019 BY ALLOWING THIS CRIMINAL REVISION PETITION.

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NC: 2023:KHC:29983 CRL.RP No. 899 of 2019

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(b) TO THE PETITIONER MAY BE ACQUITTED FROM THE ALLEGED OFFENCE P/U/S.138 OF NI ACT BY DISMISSING THE COMPLAINT FILED BY THE RESPONDENT.

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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 petitioner/accused and respondent/complainant are present. Respective counsels are also present.

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They submit the Joint Compromise Petition

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under Section 147 of the Negotiable Instruments Act, 1881, (‘NI Act’ for short) reporting settlement. The complainant submit that he has received a total amount of Rs.74,50,000/- from the accused and it is further submitted that Rs.50,000/- deposited as a cash security as required to be paid to the respondent/complainant.

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The contents of compromise petition are read over and explained to the parties in presence of their respective counsels in Kannada language known to them and they admit the contents to be true and correct.

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I am satisfied that parties have settled the

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dispute amicably without any threat or coercion. Further,

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3 - NC: 2023:KHC:29983 CRL.RP No. 899 of 2019

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compromise in the interest of both the parties and not against any settled law. Hence, the compromise petition is accepted by permitting the complainant and accused to compound the offence.

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Accordingly, I proceed to pass the following:

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ORDER

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1. The application under Section 147 of the N.I. Act is allowed.

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1. The impugned judgment of conviction and order of sentence passed by XXI ACMM Bangalore in C.C.No.16344/2011 dated 27.04.2018, which is confirmed by LXIV Additional City Civil & Sessions Judge (CCH65), Bangalore in Crl.A.No.949/2018 vide judgment dated 04.05.2019, are set aside.

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1. The revision petitioner/accused stands acquitted of the charge for the offence punishable under Section 138 of NI Act.

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1. The bail bonds executed by the revision petitioner/accused stand cancelled.

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NC: 2023:KHC:29983 CRL.RP No. 899 of 2019

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1. The amount in deposit shall be paid to the complainant including the cash deposited by the revision petitioner/accused.

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1. The joint compromise petition shall form part of this order.

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Sd/JUDGE

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DS List No.: 1 Sl No.: 12

Sri. B. Vijaya Kumar Hegde v. M/S. Kanva Power Projects

Case brief

What is this about?

What did the court decide?

Sri. B. Vijaya Kumar Hegde v. M/S. Kanva Power Projects

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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