Dismissed

G Krishnappa v. Kumar

Karnataka HC25 Sept 2024CRL.RP/980/2016

Case brief

AI extract

What is this about?

This judgment treats a Criminal Revision Petition under Sections 397 and 401 Cr.P.C. The High Court of Karnataka disposed of the matter by accepting the compounding of the offence under Section 138 NI Act, acquitting the petitioner, and permitting the withdrawal of Rs. 50,000 in deposit.

What did the court decide?

The criminal revision petition was disposed of; the petitioner was acquitted of all charges; the sentence was set aside; bail bond cancelled.

G Krishnappa Vs Kumar — Cheque Dishonour | Karnataka HC (2024)

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1 - NC: 2024:KHC:40031 CRL.RP No. 980 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CRIMINAL REVISION PETITION NO. 980 OF 2016

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BETWEEN:

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G. KRISHNAPPA, S/O GANGAIAH, AGED ABOUT 39 YEARS, R/O MUNIYURU VILLAGE, JANATHA COLONY, KASABA HOBLI, TURUVEKRE TALUK, TUMKURU DISTRICT - 572 139.

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…PETITIONER

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(BY SMT.RATTIHALLI GEETA VEERANNA, ADVOCATE)

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Digitally signed by CHAITHRA P Location: High Court of Karnataka

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AND:

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KUMAR S/O RAMASWAMY, AGED ABOUT 34 YEARS, R/O SANGALAPURA VILLAGE, ARALIKERE POST, KASABA HOBLI, TURUVEKERE TALUK, TUMUKURU DISTRICT - 572 139.

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…RESPONDENT

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(BY SRI N.BYREGOWDA., ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTIONS 397 AND 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 28.06.2016 PASSED BY V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIPTUR IN CRL.A.NO.10034/2014 CONFIRMING THE JUDGMENT AND ORDER DATED 15.09.2014 PASSED BY THE CIVIL JUDGE AND J.M.F.C., TURUVEKERE IN C.C.NO.180/2012.

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2 - NC: 2024:KHC:40031 CRL.RP No. 980 of 2016

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THIS PETITION, COMING ON FOR FINAL HEARING, 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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Smt.Rattihalli Geetha Veeranna, learned counsel for petitioner and Sri N.Byregowda, 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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This petition is filed by the petitioner, who was an accused before the trial Court, being aggrieved by the judgment and order dated 28.06.2016 passed in Crl.A.No.10034/2014 by V Additional District and Sessions Judge, Tiptur, confirming the judgment of conviction and order on sentence dated 15.09.2014 passed in C.C.No.180/2012 by the Civil Judge and JMFC, Turuvekere, whereby the trial Court 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 sum of

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3 - NC: 2024:KHC:40031 CRL.RP No. 980 of 2016

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Rs.5,000/-, in default of payment of fine, the accused to undergo Simple Imprisonment for a period of three months. The petitioner-accused was ordered to pay a sum of Rs.1,00,000/to the respondent-complainant as compensation under Section 357(3) of Cr.P.C.

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During the course of arguments, the parties have agreed to settle the matter between themselves amicably and filed an application in IA.No.1/2024 under Section 147 of the N.I.Act for compounding the offence and the same has been signed by the respective parties i.e., the petitioner-accused and the respondent-complainant 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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As per the terms and conditions stipulated in the application for compounding of the offence, the petitioner has agreed to pay a total amount of Rs.1,00,000/(Rupees One Lakh Only) to the respondent-complainant as

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4 - NC: 2024:KHC:40031 CRL.RP No. 980 of 2016

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full and final settlement and the respondent-complainant has agreed for the same. The petitioner-accused has already deposited Rs.1,00,000/- before the trial Court on 16.12.2019 in RO.No.0365, JD No.6/19-20 dated 19.12.2019.

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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 application and affixed their signature to compound the offence by way of filing this application voluntarily.

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The petitioner-accused does not have any objections to the respondent withdrawing the amount Rs.1,00,000/-, 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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NC: 2024:KHC:40031 CRL.RP No. 980 of 2016

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It is also stated by the learned counsel for petitioner that the respondent-complainant has preferred a suit in O.S.No.269/2014 before the Civil Judge and JMFC, Turuvekere for recovery of the very same transaction amount and the respondent has agreed to withdraw the said suit.

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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) This Criminal Revision Petition is hereby

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disposed off in terms of the settlement agreement;

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ii) The application in IA.No.1/2024 filed under Section 147 of the N.I.Act for compounding of offence is hereby accepted ;

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NC: 2024:KHC:40031 CRL.RP No. 980 of 2016

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iii) The judgment of conviction and order on sentence dated 15.09.2014 passed in CC.No.180/2012 by the Civil Judge and JMFC, Turuvekere and confirmed in the judgment dated 28.06.2016 passed in Crl.A.No.10034/2014 by V Additional District and Sessions Judge, Tiptur are hereby set-aside, as the parties have compounded the offence;

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iv) The respondent-complainant is permitted to withdraw a sum of Rs.1,00,000/- deposited by the petitioner-accused before the trial Court;

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v) The trial Court shall release the amount of Rs.1,00,000/- deposited by the petitioneraccused to the respondent-complainant by way of electronic transfer upon respondent furnishing relevant Bank details on proper identification;

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NC: 2024:KHC:40031 CRL.RP No. 980 of 2016

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vi) 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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vii) The bail bond executed by the petitioneraccused stands cancelled;

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viii) The original suit in O.S.No.269/2014 shall stands disposed off in terms of the application filed before this Court;

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ix) Registry is directed to send back the records to the jurisdictional Courts forthwith;

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x) Ordered accordingly.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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CPN

G Krishnappa v. Kumar

Case brief

What is this about?

What did the court decide?

G Krishnappa v. Kumar

Case brief

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What did the court decide?

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