Allowed

Sri G v. Sridhar v Smt Sunanda

Karnataka HC3 Jun 2024CRL.RP/134/2021

Case brief

AI extract

What is this about?

Revision against concurrent convictions for cheque dishonour. Parties filed a joint application under Section 147 NI Act with affidavits stating the dispute was settled amicably. The Court allowed the application, acquitted the accused, set aside the fine, and recorded tender of demand drafts of Rs.8,40,000 to the complainant.

What did the court decide?

Conviction under S.138 NI Act set aside; accused acquitted; Rs.10,000 fine set aside; complainant to withdraw deposit; Rs.8,40,000 paid via demand drafts.

Sri G v Sridhar Vs Smt Sunanda — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:18857 CRL.RP No. 134 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.134 OF 2021

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BETWEEN:

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SRI G V SRIDHAR S/O LATE VASUDEVA AGED ABOUT 55 YEARS R/AT HOUSE NO.339, OPP. KAMAKSHI HOSPITAL THONNACHI KOPPAL LAYOUT SARASWATHIPURAM MYSURU 570 009

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…PETITIONER

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(BY SRI NAGARAJU T, ADVOCATE)

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AND:

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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SMT SUNANDA W/O PALANETRA AGED ABOUT 51 YEARS R/AT NO.28, ‘AKRUTHI’ AGM LAYOUT, 2^ND STAGE 5^TH CROSS, MAHALAKSHMIPURAM BENGALURU -560 086

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…RESPONDENT

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(BY SRI K.NAGENDRA KUMAR, ADVOCATE)

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 06.02.2020 PASSED BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN CRL.A.NO.1937/2018 AND THE JUDGMENT AND ORDER DATED

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NC: 2024:KHC:18857 CRL.RP No. 134 of 2021

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10.07.2018 PASSED IN C.C.NO.28928/2015 ON THE FILE OF SMALL CAUSES AND THE XIX ACMM, BANGALORE BY DISMISSING THE COMPLAINT OF THE RESPONDENT/COMPLAINT.

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THIS CRL.RP COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Parties are present before the Court. Application is filed under Section 147 of Negotiable Instruments Act signed by the parties and their respective Advocates and also affidavits came to be filed by the parties.

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Perused the same. On such perusal of the material on record, including the affidavits filed by the parties, it is crystal clear that the lis is settled between the parties amicably outside the Court.

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Since both the Courts have passed an order of conviction against the accused for the offence punishable under Section 138 of Negotiable Instruments Act and the matter is now settled completely outside the Court, the order of conviction is to be set aside and accused needs to be acquitted by exercising

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NC: 2024:KHC:18857 CRL.RP No. 134 of 2021

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the power vested in the Court under Section 147 of Negotiable Instruments Act.

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Accordingly following:

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ORDER

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Application filed under Section 147 of Negotiable

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Instruments Act is allowed.

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Accused stands acquitted for the offence punishable under Section 138 of Negotiable Instruments Act.

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Two demand drafts cumulatively in a sum of

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Rs.8,40,000/- is tendered by the petitioner to the respondent and the same is acknowledged.

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In view of the accused being acquitted, sum of Rs.10,000/- ordered by the Trial Magistrate as a fine towards the State is also set aside.

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Amount in deposit before the First Appellate Court/Trial Court is ordered to be withdrawn by the

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respondent/complainant under due identification.

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Sd/JUDGE

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Sri G v. Sridhar v Smt Sunanda

Case brief

What is this about?

What did the court decide?

Sri G v. Sridhar v Smt Sunanda

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

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