Disposed

Mariya Enterprises v. Ambika Bai

Karnataka HC23 Sept 2024CRL.RP/346/2022

Case brief

AI extract

What is this about?

Conviction under Section 138 NI Act was challenged in revision. Parties settled amicably and filed a joint memo for compounding under Section 147 NI Act. The High Court permitted compounding, set aside the conviction and appellate confirmation, acquitted the accused, and allowed the complainant to withdraw the settled amount.

What did the court decide?

Offence compounded under Section 147 NI Act; conviction and sentence set aside; petitioner acquitted; complainant permitted to withdraw Rs.4,05,000/- deposited before trial Court; bail bonds cancelled

Mariya Enterprises Vs Ambika Bai — Cheque Dishonour | Karnataka HC (2024)

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1 - NC: 2024:KHC:39382 CRL.RP No. 346 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CRIMINAL REVISION PETITION NO. 346 OF 2022

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BETWEEN:

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MARIYA ENTERPRISES BY ITS PROPRIETOR SUNIL KUMAR, S/O PUTTAMARI MARGARATE, AGED ABOUT 40 YEARS, R/AT NO.205/A, 1^ST MAIN ROAD, BAPUJINAGARA, MYSORE ROAD, BANGALORE-560 026.

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Digitally signed by CHAITHRA P Location: High Court of Karnataka

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AND ALSO AT NO.212, 1^ST MAIN, 8^TH CROSS, BAPUJINAGARA, MYSORE ROAD, BANGALORE-560 026.

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(BY SRI. G.V. MANJUNATHA, ADVOCATE)

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…PETITIONER

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AND:

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AMBIKA BAI, W/O MAHADEVA RAO, D/O B.RAMA RAO, AGED ABOUT 56 YEARS, R/AT NO.128, 1^ST MAIN, 10^TH CROSS, BAPUJINAGARA, BANGALORE-560 026.

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…RESPONDENT

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(BY SRI. MANJUNATH G.KANDEKAR, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTIONS 397 READ WITH 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 17.06.2019 IN C.C.NO.22442/2016 BY XXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND CONFIRMED

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2 - NC: 2024:KHC:39382 CRL.RP No. 346 of 2022

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IN CRL.A.NO.1439/2019 DATED 04.02.2022 BY LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-63).

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

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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Sri G.V.Manjunatha, learned counsel for petitioner and Sri Manjunath G.Kandekar, learned counsel for respondent along with their respective parties are present before the Court. The parties are identified by their respective counsels.

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This petition is filed by the petitioner, who was an accused before the trial Court, being aggrieved by the judgment and order dated 04.02.2022 passed in Crl.A.No.1439/2019 by LXII Additional City Civil and Sessions Judge, Bengaluru, confirming the judgment of conviction and order on sentence dated 17.06.2019 passed in C.C.No.22442/2016 by XXIII Additional Chief Metropolitan Magistrate, Bengaluru, whereby the trial Court convicted the petitioner-accused for the offence

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3 - NC: 2024:KHC:39382 CRL.RP No. 346 of 2022

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punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I.Act') and sentenced him to pay a sum of Rs.8,00,000/-, in default of payment of fine, the accused to undergo Simple Imprisonment for a period of two months, out of the fine amount, a sum of Rs.7,90,000/- was ordered to be paid as compensation to the respondent-complainant and the remaining amount of Rs.10,000/- was ordered to be remitted to the State.

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During the course of arguments, the parties have agreed to settle the matter between themselves amicably and filed an application in IA.No.1/2024 under Section 147 of the N.I.Act along with joint memo for compounding the offence and the same has been signed by the respective parties i.e., the petitioner-accused and the respondentcomplainant along with their respective counsels, who have identified them.

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NC: 2024:KHC:39382 CRL.RP No. 346 of 2022

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The contents of the application in IA.No.1/2024 along with joint memo for compounding of the offence shall form part of this order.

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As per the terms and conditions stipulated in the application and joint memo for compounding of the offence, the petitioner has agreed to pay a total amount of Rs.5,05,000/- (Rupees Five Lakhs Five Thousand Only) to the respondent-complainant as full and final settlement and the respondent-complainant has agreed for the same. Out of the said Rs.5,05,000/-, the petitioner-accused has already deposited Rs.4,05,000/- before the trial Court and he has paid Rs.1,00,000/- today by way of cash, which is acknowledged by the respondent-complainant.

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The parties, who are present before the Court, are enquired by the Court as to whether compounding of the offence has taken place on their own free will and consent, which is answered in the affirmative stating that there is no force or coercion imposed on them. They have signed

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NC: 2024:KHC:39382 CRL.RP No. 346 of 2022

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the application and affixed their signature to compound the offence by way of filing this application voluntarily.

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The petitioner-accused does not have any objections to the respondent withdrawing the amount Rs.4,05,000/-, which is deposited before the trial Court.

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The respondent-complainant does not have any objections in the petitioner's acquittal of all charges for the offence punishable under Section 138 of the N.I. Act.

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In view of the settlement arrived at between the parties by way of the compounding of offence, which is permissible under Section 147 of the N.I.Act, the offence

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made out against the petitioner-accused is permitted to be compounded. Accordingly, I pass the following:

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ORDER

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i) This Criminal Revision Petition is hereby

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disposed off in terms of the settlement

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agreement;

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6 - NC: 2024:KHC:39382 CRL.RP No. 346 of 2022

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ii) The application in IA.No.1/2024 filed under Section 147 of the N.I.Act along with joint memo for compounding of offence is hereby accepted ;

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iii) The judgment of conviction and order on sentence dated 17.06.2019 passed in CC.No.22442/2016 by XXIII Additional Chief Metropolitan Magistrate, Bengaluru and confirmed in the judgment dated 04.02.2022 passed in Crl.A.No.1439/2019 by LXII Additional City Civil and Sessions Judge, Bengaluru are hereby set-aside, as the parties have compounded the offence;

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iv) The respondent-complainant acknowledges the receipt of Rs.1,00,000/- by way of cash today;

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v) The respondent-complainant is permitted to withdraw a sum of Rs.4,05,000/- deposited by the petitioner-accused before the trial Court;

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7 - NC: 2024:KHC:39382 CRL.RP No. 346 of 2022

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vi) The trial Court shall disburse the amount of

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Rs.4,05,000/- deposited by the petitioneraccused in favour of the respondentcomplainant by way of electronic transfer upon respondent-complainant furnishing relevant Bank details;

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vii) The bail bond and surety bond executed by the petitioner-accused stands cancelled;

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viii) In view of compounding of offence, the petitioner-accused is acquitted of all the charges for the offence punishable under Section 138 of the N.I.Act;

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ix) Registry is directed to send back the records to the jurisdictional Courts forthwith;

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x) Ordered accordingly.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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CPN

Mariya Enterprises v. Ambika Bai

Case brief

What is this about?

What did the court decide?

Mariya Enterprises v. Ambika Bai

Case brief

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What did the court decide?

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