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Sri Girish Kumar a C v. Smt Hemavathy

Karnataka HC2 Jan 2023CRL.RP/985/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka set aside the conviction and sentence of the petitioner under Section 138 of the Negotiable Instruments Act, 1881. This decision was based on a settlement reported by the parties, wherein the disputed sum was compounded.

What did the court decide?

The judgment and sentence dated 12.10.2017 passed by the XII ACMM and judgment dated 05.07.2018 passed by the Additional City Sessions Judge are set aside.

Sri Girish Kumar a C Vs Smt Hemavathy — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 985 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 985 OF 2018

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BETWEEN:

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SRI.GIRISH KUMAR A.C. S/O A.T.CHENGAPPA AGED ABOUT 57 YEARS PRESENTLY R/AT CHETTALLI KODAGU DISTRICT - 571 236.

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...PETITIONER

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(BY SRI.S.N.BHAT, ADVOCATE)

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AND:

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SMT. HEMAVATHY W/O LATE T.PRANESH AGED ABOUT 50 YEARS R/AT NO.32/5 DODDABETTAHALLI MAIN ROAD VEERASAGARA VILLAGE ATTUR POST, YELAHANKA BENGALURU - 560 064.

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…RESPONDENT

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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(BY SRI.C.PARAMESHWARAPPA, ADVOCATE)

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THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 12.10.2017 PASSED BY THE 12TH ACMM, BANGALORE IN CC.NO.6057/2016 AND ALSO JUDGMENT PASSED BY THE LEARNED LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-67) DATED 05.07.2018 IN CRL.A.NO.1605/2017 AND ACQUIT THE PETITIONER.

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

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CRL.RP No. 985 of 2018

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ORDER

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This revision petition arises out of a concurrent judgment and order passed by the LXVI Additional City Civil and Sessions Judge, Bengaluru in Crl.A.No.1605/2017 convicting the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881' for short).

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When this revision petition was listed or admission, an application under Section 147 of the Act, 1881 is filed reporting a settlement between the parties. In terms of the settlement, the parties have agreed to settle the dispute for a sum of Rs.2,00,000/-, of which, a sum of Rs.50,000/- is already deposited before the Sessions Court. The petitioner undertakes to pay a sum of Rs.1,50,000/- on or before 31.01.2023.

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In view of the above, the offence committed by the petitioner under Section 138 of the Act, 1881 is compounded. Consequently, the judgment and the sentence dated 12.10.2017 passed by the XII Additional Chief Metropolitan

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CRL.RP No. 985 of 2018

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Magistrate, Bengaluru in C.C.No.6057/2016 and judgment dated 05.07.2018 passed by LXVI Additional City Civil and Sessions Judge, Bengaluru in Crl.A.No.1605/2017 is set aside, subject however to compliance of the above undertaking.

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The respondent is at liberty to withdraw any amount in deposit before the Trial Court.

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Sd/JUDGE

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NR/-

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List No.: 1 Sl No.: 37

Sri Girish Kumar a C v. Smt Hemavathy

Case brief

What is this about?

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Sri Girish Kumar a C v. Smt Hemavathy

Case brief

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