Allowed

S Balaji v. M/S. Outback Adventures

Karnataka HC14 Mar 2024CRL.RP/859/2019

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision petition against a conviction cheque dishonour proceeding after parties filed a joint affidavit reporting a full settlement. The court allowed the application under Section 147 N.I. Act, permitted compounding, and directed the petitioner to pay outstanding fines.

What did the court decide?

Structure disposed; Section 147 N.I. Act application allowed; offence punishable under Section 138 N.I. Act permitted to be compounded.

S Balaji Vs M/S. Outback Adventures — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:10423 CRL.RP No. 859 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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CRIMINAL REVISION PETITION NO.859 OF 2019

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BETWEEN:

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S. BALAJI S/O S.A. SANKARAN AGED ABOUT 48 YEARS R/AT NO.604, PRANAVA APPLE BLOSSOM GREEN GLEN LAYOUT BELLANDUR BENGALURU-560103

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…PETITIONER

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(BY SRI SAMEER S N, ADVOCATE) AND:

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Digitally signed by SHARANYA T M/S. OUTBACK ADVENTURES Location: HIGH NO.711/A, OPPOSITE TO S.R.S COURT OF KARNATAKA BUS STOP, HOOTAGALLI MYSURU – 570008

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REPRESENTED BY ITS PARTNERS 1. ABDUL ALEEM S/O ABDULA ALEEM AGED ABOUT 38 YEARS NO.711/A, OPPOSITE TO S R S BUS STOP, HOOTAGALLI MYSURU - 570008

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2 - NC: 2024:KHC:10423 CRL.RP No. 859 of 2019

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P.G. BHARATH S/O P S GOPAL AGED ABOUT 42 YEARS NO.711/A, OPPOSITE TO SRS BUS STOP, HOOTAGALLI MYSURU – 570 008

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…RESPONDENTS

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(BY SRI MANMOHAN P N, ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION OF THE PETITIONER IN C.C.NO.181/2017 DATED 17.11.2018 PASSED BY THE V ADDITIONAL FIREST CIVIL JUDGE AND JMFC, MYSORE AND ETC.

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

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O R D E R

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The petitioner and the respondents have filed an application under Section 147 of N.I.Act and also filed joint affidavit reporting the settlement arrived between the parties.

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In terms of the joint affidavit, the matter was settled for full and final settlement for Rs.8,00,000/lakhs. The petitioner has deposited in total Rs.4,82,400/before the Trial Court and remaining amount of

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3 - NC: 2024:KHC:10423 CRL.RP No. 859 of 2019

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Rs.3,18,000/-, the petitioner agreed to pay the same on 26.04.2024 in execution petition by way of DD. In view of the settlement arrived between the parties, the revision petition is disposed of and the application filed under Section 147 of N.I.Act is allowed and permitted them to compound the offence punishable under Section 138 of N.I.Act.

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The petitioner is also undertaken to pay the fine

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amount of Rs.5,000/- before the Trial Court. Hence, he is directed to pay the amount of Rs.5,000/- before the Trial Court within a period of two weeks from today and produce the receipt for the same within a period of 20 days before the registry. If the petitioner fails to produce the receipts the matter will be revived.

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Sd/JUDGE

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S Balaji v. M/S. Outback Adventures

Case brief

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S Balaji v. M/S. Outback Adventures

Case brief

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