Two criminal revisions against conviction under Section 138 NI Act were disposed of on settlement: the revision petitioner paid settled amounts to complainants through demand drafts, was directed to deposit Rs.5,000 fine in each case within two weeks, and cash surety deposits were ordered released.
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NC: 2024:KHC:14321 CRL.RP No. 331 of 2024 C/W CRL.RP No. 345 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 331 OF 2024
C/W
CRIMINAL REVISION PETITION NO. 345 OF 2024
IN CRIMINAL REVISION PETITION NO. 331 OF 2024:
BETWEEN:
…PETITIONER
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
(BY SRI. SRIKANTH A & MR. V. ACHAR, ADVOCATES)
AND:
…RESPONDENT
(BY SRI R.LOKESH, ADVOCATE)
NC: 2024:KHC:14321 CRL.RP No. 331 of 2024 C/W CRL.RP No. 345 of 2024
THIS CRL.RP IS FILED U/S.397 R/W OF 401 CR.P.C PRAYING TO SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 28.12.2023 IN CRL.A.NO.301/2023 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 31.07.2023 PASSED BY THE CIVIL JUDGE AND JMFC AT HEGGADADEVANAKOTE IN C.C.NO.531/2018 IN RESPECT OF OFFENCE P/US/.138 OF NI ACT AND THE PETITIONER MAY KINDLY BE ACQUITTED.
IN CRIMINAL REVISION PETITION NO. 345 OF 2024:
BETWEEN:
…PETITIONER
(BY SRI. SRIKANTH A & MR. V. ACHAR, ADVOCATES)
AND:
1 . SRI. C. SARAVANAKUMAR A/O SRI CHANNANAYAKA AGED ABOUT 43 YEARS R/O UDAYANAGARA VILLAGE KASABA HOBLI, H.D. KOTE TALUK MYSURU DISTRICT-571114
…RESPONDENT
(BY SRI R.LOKESH, ADVOCATE)
NC: 2024:KHC:14321 CRL.RP No. 331 of 2024 C/W CRL.RP No. 345 of 2024
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 28.12.2023 IN CRL.A.NO.300/2023 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 31.07.2023 PASSED BY THE CIVIL JUDGE AND J.M.F.C., HEGGADADEVANAKOTE IN C.C.NO.530/2018 IN RESPECT OF OFFENCE P/U/S 138 OF N.I. ACT AND THE PETITIONER MAY KINDLY BE ACQUITTED.
THESE PETITIONS, COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The counsel Sri.R.Lokesh files Vakalath for
respondent in both the revision petitions.
NC: 2024:KHC:14321 CRL.RP No. 331 of 2024 C/W CRL.RP No. 345 of 2024
Rs.18,00,000/-, it is settled for an amount of Rs.11,61,290/- and 20% of Cheque amount which is already deposited before the lower Court. The revision petitioner submits that he has no objection to withdraw the amount by the respondent which is in deposit before the Trial Court i.e., 20% of the Cheque amount.
paid an amount of Rs.5,000/- before the Registry, revive this petition.
respective parties are present.
filed an application under Section 147 of NI Act along with joint affidavit and also joint memo. In terms of the joint memo, the revision petitioner has paid an amount of Rs.5,78,709.68/before this Court to the complainant/respondent through demand draft bearing No.131846 dated 02.04.2024. Though the Cheque for amount of Rs.13,00,000/-, it is settled for an amount of Rs.8,38,709.68/- and 20% of Cheque amount which is already deposited before the lower Court. The revision
petitioner submits that he has no objection to withdraw the amount by the respondent which is in deposit before the Trial Court i.e., 20% of the Cheque amount.
petitioner submits that he has deposited an amount as cash surety before the Trial Court, if such payment is made, ordered to release the same in favour of the revision petitioner on proper identification.
Sd/-
JUDGE
RHS List No.: 1 Sl No.: 53
4 provisions across 2 enactments
Sri J. Mahendran
Sri N. Krishnamurthy
Sri C. Saravanakumar
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
