Disposed

Khadar Shali G v. Nandi Enterprises

Karnataka HC2 Dec 2024CRL.RP/259/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a criminal revision petition challenging conviction and sentence under Section 138 NI Act. The court accepted a joint settlement memo involving a sum of Rs. 2,50,000/- and restored the order on default.

What did the court decide?

Revision petition disposed; safety deposit withdrawn; State expense fine set aside; trial order restored on default of compensation payment.

Khadar Shali G Vs Nandi Enterprises — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:49405 CRL.RP No. 259 of 2023

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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. 259 OF 2023

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BETWEEN:

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KHADAR SHALI G., S/O RAZIYA BEGUM G., AGED ABOUT 30 YEARS, R/O NO.6, 1^ST MAIN ROAD, CHIKKAMUNIVENKATAPPA LAYOUT, GUDDADA HALLI, R.T. NAGAR POST, BENGALURU-560 032.

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…PETITIONER

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(BY SRI SYED AKBAR PASHA, ADVOCATE) AND:

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

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NANDI ENTERPRISES, HAVING OFFICE AT C/O JAYARAM, SRI BALAJI NILAYA, NO-09, 2^ND CROSS, VISHVESHWARAIAH LAYOUT, LIC LAYOUT MAIN ROAD, CHOLA NAGAR, R.T.NAGAR POST, BENGALURU-560 032. REP. BY PROPRIETOR, SMT. SHUBA A.H., W/O SHASHIDHAR, AGED ABOUT 38 YEARS, R/O NO.206, RADIANT CASTLE, 9^TH CROSS, KEMPAIAH LAYOUT, CHOLANAGARA, R.T.NAGAR POST, BENGALURU-560 032.

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…RESPONDENT

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(BY SRI NAGARAJ M., ADVOCATE)

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NC: 2024:KHC:49405 CRL.RP No. 259 of 2023

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE LEARNED LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.APPEAL NO.569/2021 DATED 01.02.2023 AND THE JUDGMENT AND SENTENCE PASSED BY THE LEARNED XVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.3506/2017 DATED 09.08.2017, WHICH COURT HAD CONVICTED THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT AND SENTENCED TO PAY FINE RS.3,00,000/- AND IN DEFAULT TO UNDERGO SIMPLE IMPRISONMENT OF SIX MONTHS AND FURTHER PLEASE TO ACQUIT THE PETITIONER IN THE ABOVE CASE.

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THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL ORDER

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The parties are present with their respective counsels.

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Learned counsel for both parties has filed a joint

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memo. Joint memo reads as under:

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"That both the parties in the above case amicably settle the dispute to sum of Rs.2,50,000/-. The sum of Rs.1,50,000/- already deposited in the learned Court below the respondent may be permitted to withdraw another sum of Rs.1,00,000/- will be paid in 5 monthly installments from January to May on or before 5^th of Calendar month directly to the account of respondent NANDI ENTERPRISES by SHUBHA A.H. S/B A/c 1202000100054301, Karnataka Bank, R.T.Nagar

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NC: 2024:KHC:49405 CRL.RP No. 259 of 2023

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Branch, hence kindly accept the same in the interest 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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It is made clear that, in the event of non-payment of the compensation in installments as agreed in the joint memo, 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.5,000/- imposed by the learned Trial Magistrate confirmed by the First Appellate Court towards defraying expenses of the State stands set aside.

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Sd/- (V SRISHANANDA) JUDGE

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CPN

Khadar Shali G v. Nandi Enterprises

Case brief

What is this about?

What did the court decide?

Khadar Shali G v. Nandi Enterprises

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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