Four criminal revision petitions against conviction under Section 138 of the NI Act, upheld by appellate court, were disposed of on a joint memo between the parties. Compensation agreed in the memo was to be paid; otherwise the trial magistrate's confirmed order would automatically stand restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:49536 CRL.RP No. 324 of 2022 C/W CRL.RP No. 335 of 2022 CRL.RP No. 340 of 2022 AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 324 OF 2022 C/W CRIMINAL REVISION PETITION NO. 335 OF 2022 CRIMINAL REVISION PETITION NO. 340 OF 2022 CRIMINAL REVISION PETITION NO. 341 OF 2022
IN CRL.RP No. 324/2022
BETWEEN:
…PETITIONER
(BY SRI SHIVAKUMAR V, ADVOCATE)
Digitally signed by MALATESH K C
Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENT
(BY SRI ATHREYA C SHEKAR, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.11.2018 PASSED BY THE LEARNED XV ADDITIONAL CHIEF
NC: 2024:KHC:49536 CRL.RP No. 324 of 2022 C/W CRL.RP No. 335 of 2022 CRL.RP No. 340 of 2022 AND 1 OTHER
METROPOLITAN MAGISTRATE, AT BENGALURU IN C.C.NO.14430/2016 OF CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND THE JUDGMENT AND ORDER DATED 08.10.2021 PASSED BY THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-61) IN CRL.A.NO.2587/2018 OF CONFIRMING THE JUDGMENT OF THE TRIAL COURT AND CONSEQUENTLY TO DISMISS THE CASE IN C.C.NO.14430/2016.
IN CRL.RP NO. 335/2022
BETWEEN:
...PETITIONER
(BY SRI. SHIVAKUMAR V, ADVOCATE)
AND:
...RESPONDENT
(BY SRI ATHREYA C SHEKAR, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.11.2018 PASSED BY THE XV ADDL.C.M.M., BENGALURU IN C.C.NO.14427/2016 OF CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND THE JUDGMENT AND ORDER DATED 08.10.2021 PASSED BY THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
(CCH-61) IN CRL.A.NO.2586/2018 OF CONFIRMING THE JUDGMENT OF THE TRIAL COURT AND CONSEQUENTLY TO DISMISS THE CASE IN C.C.NO.14427/2016.
IN CRL.RP NO. 340/2022
BETWEEN:
...PETITIONER
(BY SRI. SHIVAKUMAR V, ADVOCATE)
AND:
...RESPONDENT
(BY SRI ATHREYA C SHEKAR, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 23.11.2018 PASSED BY THE XV ADDL.C.M.M., BENGALURU IN C.C.NO.14295/2016 OF CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND THE JUDGMENT AND ORDER DATED 08.10.2021 PASSED BY THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-61), BENGALURU IN CRL.A.NO.2585/2018 OF CONFIRMING THE JUDGMENT OF THE TRIAL COURT AND CONSEQUENTLY TO DISMISS THE CASE IN C.C.NO.14295/2016.
NC: 2024:KHC:49536 CRL.RP No. 324 of 2022 C/W CRL.RP No. 335 of 2022 CRL.RP No. 340 of 2022 AND 1 OTHER
IN CRL.RP NO. 341/2022
BETWEEN:
...PETITIONER
(BY SRI. SHIVAKUMAR V, ADVOCATE)
AND:
...RESPONDENT
(BY SRI ATHREYA C SHEKAR, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 23.11.2018 PASSED BY THE XV ADDL.C.M.M., BENGALURU IN C.C.NO.14294/2016 OF CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND THE JUDGMENT AND ORDER DATED 08.10.2021 PASSED BY THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-61), BENGALURU IN CRL.A.NO.2584/2018 OF CONFIRMING THE JUDGMENT OF THE TRIAL COURT AND CONSEQUENTLY TO DISMISS THE CASE IN C.C.NO.14294/2016.
NC: 2024:KHC:49536 CRL.RP No. 324 of 2022 C/W CRL.RP No. 335 of 2022 CRL.RP No. 340 of 2022 AND 1 OTHER
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Joint memo is filed signed by the revision petitioner and counsel for the parties.
order of the learned Trial Magistrate, confirmed by the First Appellate Court stands restored automatically.
NC: 2024:KHC:49536 CRL.RP No. 324 of 2022 C/W CRL.RP No. 335 of 2022 CRL.RP No. 340 of 2022 AND 1 OTHER
First Appellate Court, in Crl.A.No.2587/2018,
Crl.A.No.2586/2018, Crl.A.No.2585/2018, Crl.A.No.2584/2018,
towards defraying expenses of the State stands set aside.
Sd/(V SRISHANANDA) JUDGE
MR List No.: 1 Sl No.: 92
2 provisions across 2 enactments
SRI S T MUNISWAMAPPA
SMT M MAHALAKSHMI
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
