Disposed

Sri C R Nagesh v. R Shanmukakumur

Karnataka HC14 Jun 2024CRL.RP/481/2021

Case brief

AI extract

What is this about?

Criminal revision against conviction under Section 138 NI Act for a dishonoured cheque of Rs.3 lakh. Parties settled amicably via joint memo; accused to pay Rs.3.75 lakh in instalments. Court set aside judgments of both courts below and the trial Magistrate's finding.

What did the court decide?

Impugned judgments of both courts below set aside along with trial Magistrate's finding, pursuant to joint memo of settlement.

Sri C R Nagesh Vs R Shanmukakumur — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:22875 CRL.RP No. 481 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA

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CRIMINAL REVISION PETITION No.481/2021

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BETWEEN:

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SRI C R NAGESH S/O RUDREGOWDA AGED ABOUT 53 YEARS R/A LAKSHMIPURA ARASIKERE TOWN HASSAN DISTRICT-571223.

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…PETITIONER

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(BY SRI. PRATHEEP K. C., ADV.)

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AND:

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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R SHANMUKAKUMUR S/O PAVATHI RAMU AGED ABOUT 50 YEARS R/AT EDIGARA COLONY LAKSHMIPURA, ARASIKERE TOWN HASSAN DISTRICT-581223.

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…RESPONDENT (BY SRI. B. NIRANJAN KUMAR, ADV. AND SRI. MANJUNATH A., ADV.)

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THIS PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C, PRAYING TO SET ASIDE THE JUDGMENT DATED 24.02.2021 PASSED BY THE II ADDITIONAL DISTRICT AND SESSION JUDGE AT HASSAN IN CRL.A.NO.108/2019 AND IN C.C.NO.73/2016 DATED 01.04.2019, PASSED BY SENIOR CIVIL JUDGE AND JMFC AT ARASIKERE AND ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 138 OF THE N.I ACT.

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NC: 2024:KHC:22875 CRL.RP No. 481 of 2021

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Joint Memo is filed, which reads as under:

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“JOINT MEMO FILED BY THE REVISION PETITIONER AND RESPONDENT

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1. The Revision petitioner herein is the accused and the respondent herein is the complainant before the trial court. Parties herein are referred to as per their respective status before the trail court for the sake of convenience and brevity

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2. The above respondent/complaint has filed a case against the accused/Revision petitioner for an offence which is punishable under Section 138 of Negotiable Instruments Act., for the dishonoured of cheque dated 03/05/2015, bearing No.1086047. issued for Rs.3,00,000/- (Rupees Three lakhs only)

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2. During the pendency of the above revision petition the parties have settled the dispute amicably, which is involved in the present case on hand and accused agreed to pay a sum of Rs.3,75,000/-( Rupees Three Lakhs Seventy Five only) for which the complainant has accepted the same. Further the accused/ revision petitioner has already deposited Rs. 80,000/- before the Senior Civil Judge & JMFC, Arasikere on 26/06/2019 in C.C.No.73/2016 & Rs. 1,20,000/- on 27/07/2021 as per the order of This Hon'ble court & 1^st Appellate court, hence the accused has deposited in total a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) to

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NC: 2024:KHC:22875 CRL.RP No. 481 of 2021

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the trail court the same may be permitted to withdraw the complainant and the Complainant agreed the same.

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3. It is further agreed between the parties, that the accused is paid Rs.15,000/- (Rupees Fifteen Thousand only) as a cash to the complainant on this day i.e 14/06/2024 before this Hon'ble Court and the complainant has acknowledges the same. The rest of the agreed amount of Rs.1,60,000/- ( Rupees One Lakh Sixty thousand only) in following instalments, mentioned as hereunder.

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(i) On 15.07.2024, Rs.40,000/- by way of Demand Draft or RTGS or by cash to the complainant.

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(ii) On 30.07.2024, Rs.40,000/- by way of Demand Draft or RTGS or by cash to the complainant.

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(iii) On 15.08.2024, Rs.40,000/- by way of Demand Draft or RTGS or by cash to the complainant.

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(iv) On 30.08.2024, Rs.40,000/- by way of Demand Draft or RTGS or by cash to the complainant.

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4. The Complainant and the Accused have agreed for the above said terms of compromise and also the accused further undertakes to make the statement for the compliance of the above said conditions in respect of the payment towards complainant and the accused shall abide with the statement.

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NC: 2024:KHC:22875 CRL.RP No. 481 of 2021

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Under these Circumstances, the complainant and the accused prays that this Hon'ble Court be pleased to record the present Joint Memo and pass an appropriate order accordingly, in the ends of justice and equity.”

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In view of the joint memo, impugned judgments of both

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the Courts are set-aside and the finding of the learned Trial

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Magistrate is also set-aside.

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Sd/JUDGE

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kcm CT:bms List No.: 1 Sl No.: 44

Sri C R Nagesh v. R Shanmukakumur

Case brief

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Sri C R Nagesh v. R Shanmukakumur

Case brief

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