Disposed

N K Hameed Khan v. G v Prakash Reddy

Karnataka HC15 Apr 2024CRL.RP/213/2020

Case brief

AI extract

What is this about?

Revision against conviction under Section 138 NI Act with fine and compensation. Parties settled; petitioner paid Rs.2,40,000 to complainant. Court allowed compounding under Section 320(8) CrPC read with Section 147 NI Act and disposed of the case as compounded.

What did the court decide?

Case compounded on payment of Rs.2,40,000 to complainant; amount in deposit ordered released; revision petition disposed.

N K Hameed Khan Vs G v Prakash Reddy — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:14860 CRL.RP No. 213 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE C M JOSHI CRIMINAL REVISION PETITION NO. 213 OF 2020

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BETWEEN:

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N K HAMEED KHAN, S/O LATE HUSSAIN KHAN, AGED ABOUT 53 YEARS, OCC. BMTC DRIVER-CUM-CONDUCTOR, BMTC DIVISION NO.6, INDIRANAGAR DEPOT, (TOKEN NO.6742), BENGALURU-560 038.

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…PETITIONER

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(BY DR J S HALASHETTI, ADVOCATE)

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AND:

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Digitally signed by NANDINI R Location: High Court of Karnataka

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G V PRAKASH REDDY, NOW AGED ABOUT 51 YEARS, R/O GUTTAPALYA, GOWNIPALLI, CHINTAMANI (H)-563 161. CHIKKABALLAPURA (T).

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…RESPONDENT

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(BY SRI BHARATH Y.J, ADVOCATE)

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF CONVICTION FOR THE OFFENCE P/U/S.138 OF NI ACT AND SENTENCE OF FINE OF RS.5000/- AND IN DEFAULT OF PAYMENT OF FINE ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR THREE MONTHS AND AWARD OF COMPENSATION OF RS.4,73,000/- TO THE COMPLAINANT AND IN DEFAULT OF PAYMENT OF COMPENSATION ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR ONE YEAR, PASSED BY THE LVII ACMM BENGALURU IN C.C.NO.54353/2015 DATED 06.07.2018 WHICH IS CONFIRMED BY THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, M.H., UNIT BENGALURU (CCH-74) BY ITS ORDER DATED 30.12.2019 IN CRL.A.NO.25141/2018.

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NC: 2024:KHC:14860 CRL.RP No. 213 of 2020

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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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Learned counsel appearing for the revision petitioner and the learned counsel appearing for the respondent along with their respective parties are present.

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Sri.Bharath Y.J., learned counsel has filed vakalath for the respondent/complainant. Since it did not bear NOC, the same cannot be considered.

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The complainant who is present before the Court is however identified by Sri.Bharath Y.J., learned counsel and the petitioner also identified by his advocate.

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Learned counsel for both the parties and the parties who are present before the Court submit that the revision petitioner has paid a sum of Rs.2,40,000/to the respondent/complainant-Sri.G.V.Prakash Reddy. The respondent also admits the receipt of the said sum of Rs.2,40,000/-. It is submitted that in view of settlement reached between the parties, the respondent/complainant is

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NC: 2024:KHC:14860 CRL.RP No. 213 of 2020

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compounding the matter under Section 320(8) of Cr.P.C read with Section 147 of NI Act as per IA.No.1/2024 dated 03.04.2024.

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Having satisfied about the payment of

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Rs.2,40,000/- to the respondent/complainant, the application seeking compounding of the case is hereby allowed. Hence, the following:

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ORDER

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The case is disposed off as compounded in

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terms of the joint affidavit filed by the parties.

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The amount in deposit before the trial Court is ordered to be paid to the complainant as per the terms of the settlement mentioned in the joint affidavit.

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The revision petition and the pending IA, if

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any, are disposed off accordingly.

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Sd/JUDGE

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NR/-

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List No.: 1 Sl No.: 12

N K Hameed Khan v. G v Prakash Reddy

Case brief

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N K Hameed Khan v. G v Prakash Reddy

Case brief

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