Cheque dishonour conviction settled by joint memo; parties permitted to compound under Section 147 NI Act after deposit and payment of balance; accused acquitted.
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NC: 2024:KHC:10142 CRL.RP No. 569 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.569 OF 2017
BETWEEN:
WORKING AT 16TH BMTC DEPOT, CONDUCTOR, BADGE NO.2891, DEEPANJALINGARA, MYSORE ROAD, BENGALURU-560 026.
…PETITIONER
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
(BY SRI SUNIL KUMAR PATEL, ADVOCATE)
AND:
…RESPONDENT
(BY SRI MUNI REDDY, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 30.12.2015 PASSED BY THE XII A.C.M.M., BENGALURU CITY IN C.C.NO.13891/2010 AND JUDGMENT DATED 23.2.2017 PASSED BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN CRL.A.NO.57/2016 BY ALLOWING THIS R.P. AND CONSEQUENTLY DISMISS THE COMPLAINT AND CONSEQUENTLY ACQUIT THE ACCUSED/PETITIONER OF THE CHARGE LEVELED AGAINST HIM IN C.C.NO.13891/2010 ON THE FILE OF THE XII A.C.M.M., BENGALURU.
THIS PETITION COMING ON FOR SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Both the parties have filed a joint memo. In terms of the joint memo, the parties are permitted to compound the offence, since the petitioner has already deposited an amount of Rs.2,00,000/- before the Trial Court and in respect of remaining amount of Rs.2,00,000/-, the petitioner has tendered three post-dated Cheques for Rs.50,000/- each and an amount of Rs.50,000/- is paid by way of cash. The same is mentioned in the joint memo.
to compound the offence in view of the settlement arrived between the parties.
MD List No.: 1 Sl No.: 35
Sd/JUDGE
1 issue framed by the court
Whether the cheque dishonour offence could be compounded on settlement between the parties.
3 provisions across 2 enactments
M.K. Eswarachari
K. Vishvesha
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
