Conviction under Section 138 NI Act challenged in revision. Accused paid the full cheque amount of Rs.1,50,000 to the complainant, who acknowledged receipt. Court set aside trial and appellate convictions and acquitted the accused.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL REVISION PETITION NO. 1524 OF 2016
BETWEEN:
P.V. MUNIRAJU, S/O VENKATARAVANAPPA, AGED ABOUT 40 YEARS, R/AT PILLAKUNTA VILLAGE, MANIGANAHALLI POST, RONOOR HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 135.
…PETITIONER
(BY SRI. PRAVEEN C.P., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
K.V. RAMAKRISHNA REDDY, S/O K.B. VENKATA REDDY, AGED ABOUT 48 YEARS, R/AT KODIGAL VILLAGE & POST, MUNGANAHALLI HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 125.
…RESPONDENT
(BY SRI. M.C. JAYAKIRTHI, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 5.3.2016 PASSED BY THE ADDL. C.J. AND J.M.F.C., CHINTAMANI IN C.C.NO.1213/2014 AND ALSO DATED 17.10.2016 PASSED BY THE II ADDL. DIST. AND S.J.,
NC: 2024:KHC:15118 CRL.RP No. 1524 of 2016
CHICKBALLAPUR (SITTING AT CHINTHAMANI) IN CRL.A.NO.31/2016 AND FURTHER ACQUIT THE APPELLANT.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused, who is convicted for the offence punishable under Section 138 of Negotiable Instruments Act, and sentenced to pay a cheque amount of Rs.1,50,000/-, failing which, the petitioner was sentenced to undergo simple imprisonment, for a period of one year, is before this Court.
ORDER
i) The Criminal Revision Petition is allowed.
NC: 2024:KHC:15118 CRL.RP No. 1524 of 2016
ii) The impugned judgment and order of conviction and sentence dated 05.03.2016 passed by the Additional Civil Judge and JMFC, Chintamani in C.C.No.1213/2014 and the judgment dated 17.10.2016 passed by the II Additional District and Sessions Judge, Chikkaballapur, (sitting at Chinthamani) in Criminal Appeal No.31/2016 are hereby set aside.
iii) The petitioner-accused is acquitted of the aforesaid offence.
Sd/JUDGE
MKM
List No.: 1 Sl No.: 7
1 issue framed by the court
Whether conviction under Section 138 NI Act should be set aside after the accused paid the entire cheque amount to the complainant.
2 provisions across 2 enactments
P.V. Muniraju
K.V. Ramakrishna Reddy
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
