Court allowed petitioner's criminal revision petition and set aside conviction/sentence for offence under Section 138 NI Act as matter was settled under Section 147 of NI Act.
Conviction and sentence set aside; accused acquitted; application under Section 147 allowed; fine deposited ordered paid; time granted for balance fine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:28327 CRL.RP No. 1128 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 1128 OF 2015
BETWEEN:
…PETITIONER
(BY SRI. DILIP KUMAR K., ADVOCATE)
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SRI G.BALAKRISHNA SHASTRY, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE AND FINE IMPOSED BY THE CIVIL JUDGE AND J.M.F.C., BAGEPALLI, DATED 10.12.2013 IN C.C.NO.348/2011 AND ALSO SET ASIDE THE ORDER PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA DATED 20.08.2015 IN CRIMINAL APPEAL NO.1/2014 AND PLEASED TO ACQUIT TO THE ACCUSED.
NC: 2024:KHC:28327 CRL.RP No. 1128 of 2015
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The counsel for the petitioner has filed an application under Section 147 of N.I Act stating that the matter has been settled.
imposed by the Trial Court and hence, two weeks time is granted to pay the amount. If amount is not paid within two weeks, the petition will be restored.
in case of non-payment of fine amount. The petitioner is directed to pay the amount and place the receipt for having paid the amount within time.
of Rs.10,000/- cash surety amount if any cash deposited before the Trial Court.
Sd/JUDGE
RHS
List No.: 1 Sl No.: 133
1 issue framed by the court
Whether criminal revision application under Section 397 of CrPC is maintainable after settlement of cheque dishonour case under Section 147 of NI Act.
2 provisions across 2 enactments
Sri Krishnananda Kamath S/o Late Mohandas Kamath
Sri D.A. Ramanath S/o Ananthakrishna Shetty
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
