Disposed

Sri. Nagaraja Naika v. Sri. Balakrishna

Karnataka HC7 Jun 2024CRL.RP/203/2017

Case brief

AI extract

What is this about?

A criminal revision petition over a Section 138 Negotiable Instruments Act conviction was settled between parties for Rs.2,00,000 via joint memo under Section 147 NI Act; the court set aside the conviction and acquitted the petitioner.

What did the court decide?

Conviction set aside; petitioner acquitted of Section 138 NI Act offence upon settlement; respondent permitted to withdraw Rs.48,000 deposit.

Sri. Nagaraja Naika Vs Sri. Balakrishna — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:19850 CRL.RP No. 203 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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CRIMINAL REVISION PETITION NO.203 OF 2017

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BETWEEN:

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SRI. NAGARAJA NAIKA, S/O MUNIYA NAIKA, AGED 46 YEARS, TRAFFIC INSPECTOR, K.S.R.T.C. BUS STAND, HASSAN -573201.

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…PETITIONER

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(BY SRI. RAVISHANKAR, ADVOCATE)

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AND:

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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SRI. BALAKRISHNA, S/O RAMARAO, AGED 40 YEARS, BEHIND KALAMMA TEMPLE, HASSAN -573201.

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…RESPONDENT

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(BY SRI. GIRISH B. BALADARE, ADVOCATE)

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 09.12.2016 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN IN CRL.A.NO.54/2016 BY CONFIRMING THE JUDGMENT DATED 03.02.2016 PASSED BY THE III ADDL. CIVIL JUDGE AND J.M.F.C., HASSAN IN C.C.NO.1815/2014 (OLD C.C.NO.928/2013) FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ACQUIT THE PETITIONER FROM ALL CHARGES.

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NC: 2024:KHC:19850 CRL.RP No. 203 of 2017

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THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Both the parties and their respective learned counsel are present before the Court. The parties have filed a joint memo under Section 147 of the Negotiable Instruments Act. In terms of the settlement, the matter is settled for Rs.2,00,000/-. The petitioner handed over the demand draft for an amount of Rs.1,52,000/- to the respondent before this Court. The petitioner has already deposited an amount of Rs.48,000/before the Trial Court.

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The respondent acknowledges the receipt of demand draft for an amount Rs.1,52,000/- before the Court. In view of the settlement arrived between the parties, the respondent is permitted to withdraw the amount of Rs.48,000/-, which is in deposit before the Trial Court. The petitioner is not having any objection for withdrawal of the amount by the respondent, which is deposited before the Trial Court.

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In terms of the settlement, the order of conviction is set aside and the petitioner is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act.

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3 - NC: 2024:KHC:19850 CRL.RP No. 203 of 2017

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Accordingly, the criminal revision petition is disposed

of.

Sd/JUDGE

List No.: 1 Sl No.: 69

Sri. Nagaraja Naika v. Sri. Balakrishna

Case brief

What is this about?

What did the court decide?

Sri. Nagaraja Naika v. Sri. Balakrishna

Case brief

What is this about?

What did the court decide?

What the court decided

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