Disposed

Sri G P Ramanna v. Sri C v Veerabhadrappa Gowda

Karnataka HC2 Dec 2024CRL.RP/157/2024

Case brief

AI extract

What is this about?

Revision against conviction under Section 138 NI Act was disposed of on a joint memo of compromise; accused agreed to pay Rs.5,00,000 compensation, with deposits made and balance paid in cash. Court recorded the memo, allowed withdrawal of the deposited amount, and set aside the Rs.10,000 fine after full payment.

What did the court decide?

Revision disposed of on joint memo; respondent may withdraw deposited amounts; Rs.10,000 fine set aside on payment of agreed compensation; conviction otherwise not quashed.

Sri G P Ramanna Vs Sri C v Veerabhadrappa Gowda — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:49403 CRL.RP No. 157 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 157 OF 2024

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BETWEEN:

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SRI G.P.RAMANNA SON OF PUTTASWAMYGOWDA, AGED ABOUT 79 YEARS, RESIDING AT GAYATRI EXTENSION, CHENNARAYAPATNA TOWN, HASSAN DISTRICT - 573 116.

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…PETITIONER

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(BY SRI BYRE GOWDA N., ADVOCATE) AND:

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

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SRI C.V. VEERABHADRAPPA GOWDA, SON OF VEERAPPA GOWDA, AGED ABOUT 46 YEARS, AGRICULTURIST, RESIDING AT CHIKKAMANATHI, PUNAJE VILLAGE, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 418.

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…RESPONDENT (BY SRI GANAPATHI C.V., ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDERS DATED 18.11.2023 PASSED IN CRL.A.NO.10095/2022 PASSED BY V ADDITIONAL DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA, SITTING AT SAGAR AND ALSO THE ORDER DATED 29.10.2021 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC HOSANAGARA IN C.C.NO.947/2014.

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NC: 2024:KHC:49403 CRL.RP No. 157 of 2024

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL ORDER

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Learned counsel for revision petitioner has filed a joint memo.

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Learned counsel for respondent has endorsed no objection on the said memo.

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Joint memo reads as under:

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"1. The above petition was preferred by the petitioner herein praying this Hon'ble Court to call for records and set aside the orders dated 29^th day of October, 2021 passed by the Prl.Civil Judge and JMFC Hosanagara in C.C.No.947 of 2014 and confirmed by the V Additional District and Sessions Judge at Shivamogga, sitting at Sagar, 18^th day of November, 2023 passed in Crl.A.No.10095/2022 and acquit the petitioner herein for the offence punishable under section 138 of the N.I.Act.

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2. The respondent filed a complaint under section 200 of the Cr PC alleging that the petitioner had borrowed a hand loan of Rs.8,00,000/- on 10.7.2014 for his financial crises assuring to repay the same within two months.

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3. Now at the intervention of elders and well wishers, the parties in the above case, viz. petitioner

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NC: 2024:KHC:49403 CRL.RP No. 157 of 2024

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and the respondent have settled their dispute amicably and accordingly the petitioner/accused agree to pay an amount of Rs.5,00,000/- (Rupees Five lakhs Rupees only) to the respondent herein and the respondent have agreed for the same.

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4. On 17.01.2023, the petitioner already deposit amount of Rs.2,86,000/(Rupees Two Hundred and Eighty-Six Thousand Point Zero Zero) before the Learned Prl Civil Judge and JMFC., Hosanagara in C.C.No.947/2014.

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5. The petitioner herein in compliance of the orders on an application for suspension of sentence has deposited a total sum of Rs 50,000/- before the Learned Prl Civil Judge and JMFC., Hosanagara in C.C.No.947/2014 on 14.02.2024.

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6. Now in view of the settlement so entered in to between the parties and as agreed, the petitioner herein has no objections to the Respondent herein to withdraw the afore said amount of Rs 3,36,000/deposited before the learned Civil Judge (Jr.Dn) and JMFC., Hosanagar in C.C.No.947/2014 and further the petitioner herein paid a balance amount of Rs.1,64,000/- (Rupees One Lakh Sixty Four Thousand Only) by way of Cash in favour of the respondent today and the respondent acknowledges the receipt of the same.

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7. Accordingly, the respondent has no objection to allow the above petition and set aside the judgment dated 18^th day of November, 2023 passed in

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NC: 2024:KHC:49403 CRL.RP No. 157 of 2024

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Crl.A.No.10095/2022 passed by the V Additional District and Sessions Judge at Shivamogga, sitting at Sagar, and also the order dated 29^th day of October, 2021 passed by the Prl. Civil Judge and JMFC Hosanagara in C.C.No.947 of 2014, and to acquit the petitioner/accused for the offence punishable under section 138 of N I Act.

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8. If this Hon'ble Court is not pleased to permit the parties to compound the case, the parties will suffer irreparable loss and great hardship.

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9. The parties herein have been presenting this Joint Memo for reporting settlement on their own will and volition.

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WHEREFORE, the petitioner and the respondent in the above case pray that, this Hon'ble Court be pleased to pass the order, set aside the judgment and order dated 18^th day of November, 2023 passed in Crl.A.No.10095/2022 passed by the V Additional District and Sessions Judge at Shivamogga, sitting at Sagar, and also the order dated 29^th day of October, 2021 passed by the Prl. Civil Judge and JMFC Hosanagara in C.C.No.947 of 2014, and to acquit the petitioner/accused for the offence punishable under section 138 of the N.I.Act., to meet the ends of justice."

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Placing the joint memo on record, the revision petition

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stands disposed of.

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NC: 2024:KHC:49403 CRL.RP No. 157 of 2024

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It is made clear that the amount of compensation as agreed in the joint memo is not paid, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically.

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Amount in deposit is ordered to be withdrawn by the respondent-complainant under due identification.

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After payment of the entire compensation amount as agreed in the joint memo, a sum of Rs.10,000/- imposed by the learned Trial Magistrate confirmed by the First Appellate Court towards State exchequer stands set aside.

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Sd/(V SRISHANANDA) JUDGE

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CPN CT:SNN

Sri G P Ramanna v. Sri C v Veerabhadrappa Gowda

Case brief

What is this about?

What did the court decide?

Sri G P Ramanna v. Sri C v Veerabhadrappa Gowda

Case brief

What is this about?

What did the court decide?

What the court decided

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