Disposed

M Bheemaiah @ Raja v. M M Ganapathy

Karnataka HC27 Sept 2024CRL.RP/924/2023

Case brief

AI extract

What is this about?

Criminal revision petitions against conviction under Section 138 of the NI Act in three cases were disposed of after the parties compounded the offence through a settlement; the High Court set aside the convictions and acquitted the accused.

What did the court decide?

Convictions under S.138 NI Act set aside upon compounding; petitioner acquitted; respondent permitted to withdraw Rs.11,00,000/- deposited by petitioner; bail bonds cancelled.

M Bheemaiah @ Raja Vs M M Ganapathy — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:40461 CRL.RP No. 924 of 2023 C/W CRL.RP No. 992 of 2023 CRL.RP No. 1071 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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CRIMINAL REVISION PETITION NO. 924 OF 2023

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C/W

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CRIMINAL REVISION PETITION NO. 992 OF 2023 CRIMINAL REVISION PETITION NO. 1071 OF 2023 IN CRL.RP No. 924/2023

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BETWEEN:

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M. BHEEMAIAH @ RAJA, S/O LATE APPAJI @ ACHAPPA, AGED ABOUT 66 YEARS, COFFEE CURING, RESIDING AT INDUSTRIAL AREA, KUDIGE, KUSHALNAGARA, KODAGU DISTRICT 571 234.

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…PETITIONER

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Digitally signed by CHAITHRA P Location: High Court of Karnataka

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(BY SRI VINAY T.R., ADVOCATE FOR SMT.M.D. ANURADHA URS, ADVOCATE)

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AND:

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M.M. GANAPATHY, S/O LATE MUDAPPA, AGED ABOUT 82 YEARS, RESIDING AT GARUDA ESTATE, AMMATHI, BETTAGERI VILLAGE, VIRAJPETE TALUK, KODAGU DISTRICT 571 218.

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…RESPONDENT

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(BY SRI I.S.DEVAIAH, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 CR.P.C PRAYING TO

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NC: 2024:KHC:40461 CRL.RP No. 924 of 2023 C/W CRL.RP No. 992 of 2023 CRL.RP No. 1071 of 2023

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SET ASIDE THE JUDGMENT AND ORDER DATED 27.01.2023 PASSED IN CRL.A.NO.5036/2021 BY II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI SITTING AT VIRAJPET DISMISSING THE APPEAL OF THE PETITIONER AND CONFIRMING THE JUDGMENT AND ORDER DATED 09.11.2021 PASSED IN CC.NO.816/2016 BY THE CIVIL JUDGE AND JMFC, VIRAJPET.

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IN CRL.RP NO. 992/2023

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BETWEEN:

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M.BHEEMAIAH @ RAJA, S/O LATE APPAJI @ ACHAPPA, AGED 66 YEARS, NAKSHA COFFEE CURING WORKS, RESIDING AT INDUSTRIAL AREA, KUDIGE, KUSHALNAGARA, KODAGU DISTRICT - 571234.

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...PETITIONER

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(BY SRI VINAY T.R., ADVOCATE FOR SMT.M.D. ANURADHA URS, ADVOCATE)

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AND:

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M.M.GANAPATHY, S/O LATE MUDAPPA, AGED 82 YEARS, RESIDING AT GARUDA ESTATE, AMMATHI BETTAGERI VILLAGE, VIARAPETE TALUK, KODAGU DISTRICT-571218.

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ALSO AT M.M.GANAPATHY, S/O LATE MUDAPPA, AMMATHI VILLAGE, VIRAJPET TALUK, KODAGU-571218.

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...RESPONDENT

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(BY SRI I.S.DEVAIAH, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 27.01.2023

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NC: 2024:KHC:40461 CRL.RP No. 924 of 2023 C/W CRL.RP No. 992 of 2023 CRL.RP No. 1071 of 2023

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PASSED IN CRL.A.NO.5038/2021 BY II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI SITTING AT VIRAJPET DISMISSING THE APPEAL OF THE PETITIONER AND CONFIRMING THE JUDGMENT AND ORDER DATED 09.11.2021 PASSED IN CC.NO.718/2017 BY THE CIVIL JUDGE AND JMFC, VIRAJPET.

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IN CRL.RP NO. 1071/2023

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BETWEEN:

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M.BHEEMAIAH @ RAJA. S/O LATE APPAJI @ ACHAPPA, AGED 66 YEARS, COFFEE CURING, RESIDING AT INDUSRIAL AREA, KUDIGE, KUSHALANGARA, KODAGU DISTRICT - 571234.

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...PETITIONER

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(BY SRI VINAY T.R., ADVOCATE FOR SMT.M.D. ANURADHA URS, ADVOCATE)

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AND:

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M.M.GANAPATHY, S/O LATE MUDAPPA, AGED 82 YEARS, RESIDING AT GARUDA ESTATE, AMMATHI, BETTAGERI VILLAGE, VIRAJPETE TALUK, KODAGU DISTRICT - 571218.

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...RESPONDENT

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(BY SRI I.S.DEVAIAH, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 27.01.2023 PASSED IN CRL.A.NO.5037/2021 BY II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI SITTING AT VIRAJPET DISMISSING THE APPEAL OF THE PETITIONER AND CONFIRMING THE JUDGMENT AND ORDER DATED 09.11.2021

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4 - NC: 2024:KHC:40461 CRL.RP No. 924 of 2023 C/W CRL.RP No. 992 of 2023 CRL.RP No. 1071 of 2023

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PASSED IN CC.NO.814/2016 BY THE CIVIL JUDGE AND JMFC, VIRAJPET.

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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 Vinay T.R., learned counsel appearing on behalf of Smt.M.D.Anuradha Urs for petitioner and Sri I.S.Devaiah, 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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These petitions are filed by the petitioner, who

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was an accused before the trial Court, being aggrieved by the judgments and order dated 27.01.2023 passed in Crl.A.Nos.5036/2021, 5038/2021 and 5037/2021 by II Additional District and Sessions Judge, Kodagu-Madikeri sitting at Virajpet, confirming the judgments of conviction and order on sentence dated 09.11.2021 passed in C.C.Nos.816/2016, 718/2017 and 814/2016 by the Civil Judge and JMFC, Virajpet, whereby the trial Court

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5 - NC: 2024:KHC:40461 CRL.RP No. 924 of 2023 C/W CRL.RP No. 992 of 2023 CRL.RP No. 1071 of 2023

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convicted the petitioner-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I.Act') and sentenced him to pay a compensation amount of Rs.6,51,500/in CC.No.816/2016, Rs.6,72,000/- in CC.No.718/2017 and Rs.8,58,800/- in CC.No.814/2016, in default of payment of fine, the accused to undergo Simple Imprisonment for a period of six months.

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The parties have filed a joint memo before the Executing Court in Ex.No.15/2020, whereby they have settled the matter for a sum of Rs.17,00,000/- as full and final amount. Out of the said Rs.17,00,000/-, the petitioner-accused has deposited Rs.6,00,000/- by way of cash before the Executing Court, which is acknowledged by the respondent and the order sheet of the Executing Court is produced along with the memo. The petitioneraccused has already deposited Rs.11,00,000/- before the trial Court in CC.Nos.816/2016, 718/2017 and 814/2016.

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6 - NC: 2024:KHC:40461 CRL.RP No. 924 of 2023 C/W CRL.RP No. 992 of 2023 CRL.RP No. 1071 of 2023

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In view of the petitioner and respondent having settled the matter before the Executing Court and having filed an application in IA.No.1/2024 under Section 320 of Cr.P.C. read with Section 147 of the N.I. Act before this Court to compound the offence nothing further survive in the matters. 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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The contents of the application in IA.No.1/2024 for compounding of the offence shall form part of this order.

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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 the applications and affixed their signature to compound the offence by way of filing the application in IA.No.1/2024 voluntarily.

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7 - NC: 2024:KHC:40461 CRL.RP No. 924 of 2023 C/W CRL.RP No. 992 of 2023 CRL.RP No. 1071 of 2023

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The petitioner-accused does not have any

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objections to the respondent withdrawing the amount Rs.11,00,000/-, 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 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) These Criminal Revision Petitions are hereby disposed off in terms of the settlement agreement;

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ii) The application in IA.No.1/2024 filed in these petitions under Section 320 of Cr.P.C.

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read with Section 147 of the N.I.Act for compounding of offence is hereby accepted ;

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NC: 2024:KHC:40461 CRL.RP No. 924 of 2023 C/W CRL.RP No. 992 of 2023 CRL.RP No. 1071 of 2023

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iii) The judgments of conviction and order on sentence dated 09.11.2021 passed in CC.Nos.816/2016, 718/2017 and 814/2016 by the Civil Judge and JMFC, Virajpet and confirmed in the judgments dated 27.01.2023 passed in Crl.A.Nos.5036/2021, 5038/2021 and 5037/2021 by II Additional District and Sessions Judge, KodaguMadikeri, sitting at Virajpet are hereby setaside, as the parties have compounded the offence;

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iv) 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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v) The respondent-complainant acknowledges the receipt of Rs.6,00,000/- by way of cash;

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vi) The respondent-complainant is permitted to withdraw a sum of Rs.11,00,000/-

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9 - NC: 2024:KHC:40461 CRL.RP No. 924 of 2023 C/W CRL.RP No. 992 of 2023 CRL.RP No. 1071 of 2023

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deposited by the petitioner-accused before the trial Court in these petitions;

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vii) The trial Court shall disburse the amount of Rs.11,00,000/- 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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viii) The bail bonds and surety bonds executed by the petitioner-accused stands cancelled in all these petitions;

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ix) Ordered accordingly.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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CPN

M Bheemaiah @ Raja v. M M Ganapathy

Case brief

What is this about?

What did the court decide?

M Bheemaiah @ Raja v. M M Ganapathy

Case brief

What is this about?

What did the court decide?

What the court decided

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