Conviction under Section 138 NI Act for a dishonoured cheque of about Rs.3.6 lakh was compromised by joint memo: respondent to receive Rs.3,69,539 including Rs.10,000 costs, payable partly from deposits and partly in three installments, failing which the conviction order stands restored automatically.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.40 OF 2016
BETWEEN:
…PETITIONER
(BY SRI. PRASHANTH H S, ADVOCATE) AND:
(BY SRI S.SHIVAPRASAD, ADVOCATE)
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THIS CRL.RP IS FILED UNDER SECTION 397 CR.P.C PRAYING TO SET ASIDE JUDGMENT OF CONVICTION AND SENTENCE DATED 07.11.2015, PASSED IN CRL.A.NO.25014/2013, PASSED BY THE LVII ADDL. CITY CIVIL AND S.J., MAYOHALL UNIT, BENGALURU WHEREBY THE JUDGMENT OF CONVICTION AND SENTENCE DATED 11.12.2012 IN C.C.NO.35309/2010 PASSED BY THE COURT OF XIV ADDL.C.M.M., BENGALURU IS UPHELD AND CONSEQUENTLY ACQUIT THE PETITIONER/ACCUSED.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Joint memo is filed, which reads as under;
The Parties to the above Criminal Revision Petition submit as follows:-
1. That the Petitioner being aggrieved by the Judgment of conviction and sentence dated 07/11/2015, passed in Crl. Appeal No.25014/2013, passed by the LVII Addl. City Civil and Sessions Judge, Mayohall unit, Bengaluru whereby the judgment of conviction and sentence dated 11.12.2012 in C.C. No.35309/2010 passed by the Court of XIV Addl. Chief Metropolitan Magistrate, Bangalore, was upheld and affirmed has preferred this Revision Petition.
2. That the Respondent had initiated the above said proceedings against the Petitioner under Section 138 of Negotiable Instruments Act for having dishonored cheque bearing No.684251 dated 30.10.2009 drawn on State Bank of Mysore, Kengeri Satellite Town Branch, Bengaluru
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towards the discharge of payments for the supply of cement for Rs.3,59,538.71.
3. Now the Parties have settled the above dispute and the Petitioner has agreed to pay an amount of Rs. 3,69,539/(Rupees Three Lakhs sixty nine thousand five thirty nine only) i.e. Rs.3,59,538/- towards the Respondent and Rs.10,000/- (Rupees ten thousand only) towards state exchequer towards costs. The said amount is paid as follows:-
a) That an amount of Rs.45,000/- (Rupees forty five thousand only) in deposit before the Trial Court deposited by the Petitioner is permitted to be withdrawn by the Respondent.
b) That an amount of Rs. 1,00,000/- (Rupees one lakh only) which was paid as security deposit / advance at the inception of the business is permitted to be forfeited by the Respondent towards the balance payable by the Petitioner.
c) That balance amount of Rs.2,24,539/- (Rupees two lakhs twenty four thousand five thirty nine only) would be paid by the Petitioner to the Respondent in three equalized installments each of Rs.74,846/- (Rupees seventy four thousand eight forty six only) i.e. 1st payment commencing from 06/01/2025 and last payment being made on or before 06/03/2025.
The said amount of Rs. 3,69,539/- (Rupees Three Lakhs sixty nine thousand five thirty nine only) is paid towards the full and final settlement of all the claims of the
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Respondent against the Petitioner and the Respondent acknowledges the same.
4. It is submitted that, subject to realization of the said balance amount of Rs.2,24,539/- (Rupees two lakhs twenty four thousand five thirty nine only) in three installments the above Petition may be disposed off as compromised among the parties by suitably modifying the impugned Judgment and sentence. In the event of Petitioner failing to pay the balance amount of Rs.2,24,539/- (Rupees two lakhs twenty four thousand five thirty nine only) then the Judgment and sentence impugned in this Petition may be ordered to be executed.
WHEREFORE, the parties to the above Criminal Revision Petition humbly pray that this Hon'ble Court may be pleased to dispose off the above Petition in view of the compromise among the parties as stated above in the interest of justice.”
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in the memo, fine amount of Rs.10,000/- imposed by the learned Trial Magistrate, confirmed by the First Appellate Court
towards defraying expenses of the State is hereby set aside.
Sd/(V SRISHANANDA) JUDGE
MR
List No.: 1 Sl No.: 51
1 issue framed by the court
Whether the criminal revision petition arising from a conviction under Section 138 NI Act could be disposed of on the basis of a joint compromise memo between the parties.
2 provisions across 2 enactments
M. Manjesh
M/s. The India Cements Ltd.
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
