Disposed

Sri. Kantha Raj R M v. Smt. Meena

Karnataka HC16 Oct 2024CRL.RP/1423/2021

Case brief

AI extract

What is this about?

Criminal Revision Petition filed to challenge conviction under Section 138 NI Act. Petitioner deposited partial amount and undertook to pay balance in four installments. Court disposed of petition accepting the payment undertaking and setting aside the statutory fine, with conviction order to be restored upon default.

What did the court decide?

Petitioners undertaking to pay the balance amount in four installments accepted; Fine of Rs.5,000 set aside; Conviction order to be restored upon default.

Sri. Kantha Raj R M Vs Smt. Meena — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:41988 CRL.RP No. 1423 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1423 OF 2021

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BETWEEN:

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SRI KANTHA RAJ R.M., AGED ABOUT 39 YEARS, S/O MUNIREAJU R.C., R/AT RAMANAYAKANAHALLI VILLAGE, GUNJUR POST, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 562 107. …PETITIONER

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(BY SRI P.S. JAGADEESH, ADVOCATE FOR SRI P.B.RAJU, ADVOCATE)

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AND:

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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SMT.MEENA, AGED ABOUT 40 YEARS, W/O VENKATASWAMY, R/AT PAPANNA LAYOUT, THIGALACHOWDADENAHALLI VILLAGE, SARJAPUR HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 107.

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…RESPONDENT (BY SRI FAYAZ SAB B.G., ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 AND 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE AWARDED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT ANEKAL IN C.C.NO.529/2016 DATED 05.07.2018 AND CONFIRMED BY THE APPELLANT COURT IN THE COURT OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL IN CRL.A.NO.5018/2018 DATED 07.08.2021 AND FURTHER ACQUIT THE PETITIONER/ACCUSED FROM CHARGES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.

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NC: 2024:KHC:41988 CRL.RP No. 1423 of 2021

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL ORDER

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Memo filed and signed by the petitioner and learned

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counsel for petitioner.

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Learned counsel for the respondent has no objections

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to accept the memo and dispose off the revision petition.

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Memo reads as under:

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"The petitioner above named respectfully submits as under;

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1. The Petitioner is the accused. The petitioner has challenged the order passed by the learned Magistrate in C.C. No.529/2016 on the file of Prl. Civil Judge & JMFC, at Anekal and Crl.Appeal No.5018/2018 on the file of the III Addl. District and Sessions Judge, Bengaluru Rural District, Sit at Anekal, convicting the accused for the offences U/Sec. 138 of N.I.Act, which is confirmed in Criminal Appeal. The cheque amount is Rs.3,00,000/-. The learned Magistrate has directed payment of Rs.3,00,000/+ fine amount of Rs.80,000/- and cost of Rs.5,000/-. Hence the Revision Petition.

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2. The petitioner has deposited Rs.1,50,000/- on 2.8.2024 before the Prl. Civil Judge and J.M.F.C. Anekal in C.C. No.529/2016.

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3. The petitioner respectfully submits that he may be permitted to pay a sum of Rs.1,75,000/ in 4 installments in addition to the above sum of Rs.1,50,000/- already deposited before the Prl. Civil Judge and J.M.F.C. Anekal in C.C. No.529/2016, in full

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NC: 2024:KHC:41988 CRL.RP No. 1423 of 2021

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and final satisfaction of the above judgment / claim made by the complainant.

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4. The petitioner undertakes to pay the sum of Rs.1,75,000/(Rupees One Laksh Seventy Five Thousand only) as under

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1st installment on or before 31.10.2024 Rs.25,000/-

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2nd installment on or before 30.11.2024 Rs.50,000/-

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3rd installment on or before 31.12.2024 Rs.50,000/-

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4th installment on or before 31.01.2025 Rs.50,000/-

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The above be kindly accepted and the petition be disposed of in said terms, in the interest of justice."

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Placing the said memo on record, the revision petition

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stands disposed off.

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It is made clear that in the event if there is any default in payment as is mentioned in the memo, the conviction order passed by the trial Magistrate and confirmed by the First Appellant Court would be restored automatically. The fine of Rs.5,000/- imposed by the trial Magistrate is hereby set aside as the lis is privy to the parties.

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Sd/(V SRISHANANDA) JUDGE

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CPN

Sri. Kantha Raj R M v. Smt. Meena

Case brief

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Sri. Kantha Raj R M v. Smt. Meena

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