Disposed

Sri Somashekhar T N v. Prashanth Devaraya

Karnataka HC18 Jun 2024CRL.RP/257/2021

Case brief

AI extract

What is this about?

Cheque dishonour conviction challenged in revision. Parties settled by joint memo; petitioner tendered Rs.60,000 completing full compensation of Rs.1,30,000 fine. Court allowed application under Section 147 NI Act, set aside conviction confirmed by appellate court, and permitted withdrawal of deposited amount.

What did the court decide?

Conviction set aside on payment of full compensation under Section 147 NI Act; complainant allowed to withdraw amount in deposit.

Sri Somashekhar T N Vs Prashanth Devaraya — Cheque Dishonour | Karnataka HC (2024)

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1 - NC: 2024:KHC:22017 CRL.RP No. 257 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^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. 257 OF 2021 (397)

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BETWEEN:

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SRI SOMASHEKHAR T N S/O LATE NARASIMHACHAR AGED ABOUT 36 YEARS, R/AT NO. C302, GOPALAN RESIDENCY, TELECOM LAYOUT, BHUVANESHWARINAGAR, BENGALURU - 560 023

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ALSO AT HINDUSTAN AERONAUTICS LIMITED AEROSPACE DIVISION BENGALURU COMPLEX BENGALURU - 560 075

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…PETITIONER

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(BY SRI. N SURESHA.,ADVOCATE)

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AND:

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Digitally signed by V KRISHNA Location: High Court of Karnataka

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PRASHANTH DEVARAYA S/O DEVARAYA AGED ABOUT 37 YEARS, R/AT NO.281, CAUVERY NILAYA MARUTHI VINAYAKA TEMPLE ROAD HESARAGATTA CROSS ROAD T DASARAHALLI POST BENGALURU - 560 057

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REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER MANJUNATH M S/O MUNIRAJU AGED ABOUT 26 YEARS,

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NC: 2024:KHC:22017 CRL.RP No. 257 of 2021

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R/AT NO.59, JANATHA COLONY, SHETTIHALLI, JALAHALLI WEST POST BENGALURU - 560 015.

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…RESPONDENT

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(BY SRI. R V ANAND.,ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 18.02.2021 IN CRL.A.NO.1689/2018, PASSED BY THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-63), BENGALURU, AND JUDGMENT AND SENTENCE PASSED BY THE XX ACMM, BENGALURU IN CC.NO.2061/2017 DATED 01.08.2018, BY ALLOWING THIS REVISION PETITION.

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

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ORDER

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A Joint memo signed by parties is filed.

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A Demand Draft for a sum of Rs.60,000/- is tendered

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by the learned counsel for the petitioner to the learned counsel for respondent and the same is acknowledged in the order sheet. The fine amount imposed by the Trial Court was a sum of Rs.1,30,000/. A sum of Rs.65,000/- was already deposited by the revision petitioner before the Trial Court and today sum of Rs.60,000/- is paid. In other words, the entire compensation has been paid.

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Therefore, the application filed under Section 147 of the Negotiable Instrument Act is allowed. The conviction order

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NC: 2024:KHC:22017 CRL.RP No. 257 of 2021

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passed by the Trial Court and confirmed by the First Appellate Court are hereby set aside.

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Amount in deposit is ordered to be withdrawn by the

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complainant under due identification.

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Sd/JUDGE

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LDC List No.: 1 Sl No.: 26

Sri Somashekhar T N v. Prashanth Devaraya

Case brief

What is this about?

What did the court decide?

Sri Somashekhar T N v. Prashanth Devaraya

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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