Disposed

Smt. Shubhashree H S v. Sri. Bhanuprashanth H N

Karnataka HC5 Jun 2024CRL.RP/211/2024

Case brief

AI extract

What is this about?

The petitioner filed a criminal revision petition challenging the conviction and sentence in a cheque dishonour case. The parties submitted a joint memo confirming payment of the fine amount, including an additional sum deposited before the Court. Consequently, the High Court set aside the conviction and sentence and disposed of the revision petition.

What did the court decide?

Order of conviction and sentence set aside; accused acquitted; fine amount in deposit ordered to be withdrawn by respondent.

Smt. Shubhashree H S Vs Sri. Bhanuprashanth H N — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:19441 CRL.RP No. 211 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 211 OF 2024

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BETWEEN:

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SMT. SHUBHASHREE H.S, W/O ANAND S.S, AGED ABOUT 50 YEARS, R/AT NO. 426, 15TH MAIN, 17TH CROSS, 5TH PHASE, J.P. NAGAR, BENGALURU - 560 078.

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…PETITIONER

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(BY SRI. CHOWDAREDDY T.M, ADVOCATE)

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AND:

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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SRI. BHANUPRASHANTH H.N, S/O NANJUNDAIAH, AGED ABOUT 50 YEARS, R/AT NO. 1794/32, 7TH MAIN, 'E' BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU - 560 010.

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(BY SRI. RAJANNA, ADVOCATE)

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…RESPONDENT

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THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 25.11.2023 IN CRL.A.NO.278/2021, ON THE FILE OF THE LV ADDL. CITY CIVIL AND SESSION JUDGE AT BENGALURU (CCH-56) AS ANNEXURE-A, CONFIRMING THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 01.03.2021 IN C.C.NO.1557/2019, ON THE FILE OF THE 4TH ADDL. SMALL CAUSES JUDGE AND ADDL. CHIEF METROPOLITAN

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2 - NC: 2024:KHC:19441 CRL.RP No. 211 of 2024

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MAGISTRATE, BENGALURU (SCCH-6) AS ANNEXURE-B, IN C.C.NO.1557/2019 BE DISMISSED AND THIS REVISION PETITION BE ALLOWED AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HONBLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

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

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ORDER

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Case called out. Parties are present before this

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Court. Learned counsel for the respondent is absent.

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An application under Section 147 of the Negotiable Instruments Act is filed by the parties, signed by learned counsel for the petitioner.

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A joint memo is filed on 05.06.2024 signed by petitioner and respondent. Respondent submits that entire fine amount has been paid today by the petitioner including payment of Rs.25,000/- before the Court.

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Same is acknowledged in the order sheet by the respondent.

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Accordingly, accused needs to be acquitted by setting aside the order of conviction passed by learned

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NC: 2024:KHC:19441 CRL.RP No. 211 of 2024

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Trial Magistrate, confirmed by First Appellate Court. Hence, the following:

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ORDER

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i. Revision petition is disposed of.

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ii. I.A.No.3/2024 is allowed .

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iii. Order of conviction and sentence passed by learned Trial Magistrate confirmed by the First Appellate Court is hereby set aside.

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

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Sd/JUDGE

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KAV List No.: 1 Sl No.: 25 CT: BHK

Smt. Shubhashree H S v. Sri. Bhanuprashanth H N

Case brief

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What did the court decide?

Smt. Shubhashree H S v. Sri. Bhanuprashanth H N

Case brief

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What the court decided

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