Conviction under Section 138 NI Act for dishonoured cheque challenged in revision; parties settled amicably for Rs.1,70,000 via joint memo. Court recorded the compromise, set aside the fine towards defraying expenses, allowed withdrawal of the deposited amount, and disposed of the petition.
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NC: 2024:KHC:24106 CRL.RP No. 273 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 273 OF 2021
BETWEEN:
SMT. S. SUJATHA, W/O VENKATESH, AGED ABOUT 36 YEARS, SDA IN THE OFFICE OF THE DEPUTY CONSERVATOR OF FOREST, SOCIAL FOREST DIVISION, ANK ROAD, GANDHINAGARA, SHIVAMOGGA-577 202.
…PETITIONER
(BY SRI.SHRIDHARA K.,ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
SRI.MANJUNATHA, S/O HANUMANTHAPPA, AGED ABOUT 33 YEARS, R/O SUBASH NAGAR EXTENSION, 5TH CROOS, VIDYANAGARA, SHIVAMOGGA-577 203.
(BY SRI.KRISHNA MURTHY N., ADVOCATE)
…RESPONDENT
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 JUDGMENT AND ORDER OF CONVICTION PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA ON 04.12.2019 IN C.C.NO.451/2017 AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I ACT AND ALSO SET ASIDE THE
NC: 2024:KHC:24106 CRL.RP No. 273 of 2021
ORDER DATED 06.11.2020 PASSED IN CRL.A.NO.4/2020 ON THE FILE OF THE III ADDITIONAL SESSIONS JUDGE, SHIVAMOGGA WHERE THE APPELLANT COURT HAS CONFIRMED THE ORDER OF CONVICTION OF THE TRIAL COURT BY ALLOWING THE PRESENT REVISION PETITION.
THIS PETITION, COMING ON FOR REPORTING THE SETTTLMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
A joint memo is filed on 27.06.2024 signed by both
the Advocates. The memo reads as under:
1. It is submitted that, the respondent herein had filed the case against the petitioner for the offence punishable under Section 138 of N.l. Act in C.C. No.451 of 2017 before the II Addl. Civil Judge Act in C.C. No.451 of 2017 before the II Addl. Civil Judge and JMFC at Shikaripura. After hearing the both side, the Trial Court convicted the petitioner on 04.12.2019 and directed to pay sum of Rs.1,97,000/- as compensation to the respondent. In default, the petitioner shall undergo simple imprisonment for period of 6 months.
2. It is submitted that, being aggrieved by the Judgment in C.C.No.451 of 2017, the petitioner preferred an appeal before III Addl. District and Sessions Judge, Shivamogga, in Crl.Apl. NO.4 of 2020 and 1st appellate Court was pleased to pass the Judgment dated 06.11.2020 confirming the Judgment passed by the Trial Court.
NC: 2024:KHC:24106 CRL.RP No. 273 of 2021
3. The complainant/respondent and the accused/petitioner have settled their inter-se dispute between themselves at the intervention of family members and wee-wishers amicably for a sum of Rs.1,70,000/- (Rupees One Lakh Seventy thousand only).
4. The petitioner submits that, out of the above said amount, the petitioner has already deposited Rs.1,00,000/- before the trial Court in C.C. No.451 of 2017 before the II Addl. Civil Judge and JMFC at Shikaripura. Further the respondent herein agreed to withdraw the said amount from the trial Court and the petitioner has no objection to the same.
5. The petitioner paid a sum of Rs.20,000/- (Rupees Twenty Thousand only) on 04.06.2024 through phone pay, UTR No.452282942864 to the respondent and the respondent herein acknowledges the receipt of the same.
6. The petitioner paid a sum of Rs.50,000/- on 26.06.2024 by through phone pay. UTR No.454462537165 to the respondent and the respondent herein acknowledge the receipt of the same.
7. The respondent herein states that, there is no claim/s or recovery or balance from the petitioner herein and agreed to return the all documents which he has taken from the petitioner if any.
WHEREFORE, it is prayed that this Hon’ble Court may kindly be pleased to record the settlement and compound the offence in terms of this compromise and acquit the petitioner for the offence punishable under Section 138 of NI Act, to meet the ends of justice. "
NC: 2024:KHC:24106 CRL.RP No. 273 of 2021
disposed of by setting aside the fine amount of Rs.2,000/- imposed towards the defraying expenses of the
State stands set aside.
the complainant under due identification.
Sd/JUDGE
KAV List No.: 1 Sl No.: 61
1 issue framed by the court
Whether the revision petition could be disposed of on the basis of a joint memo recording settlement and compounding of the Section 138 NI Act offence.
2 provisions across 2 enactments
Smt. S. Sujatha
Sri. Manjunatha
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
