Manjunath Moni S/O Narayanappa Moni v. Smt Gouramma Pochagundi W/O Laxmana
Case brief
What is this about?
Karnataka HC Dharwad disposes cheque-dishonour revision (CRL.RP 100100/2022, Ss.397/401 Cr.P.C.) on joint-memo settlement rather than adjudicating the S.138 NI Act conviction confirmed in appeal. Settlement terms: total Rs.55,000/- full-and-final (Rs.24,500/- balance by 30/04/2025), 50% of cheque amount already in deposit and withdrawable by respondent; automatic restoration of conviction/sentence on payment default; Rs.2,000/- fine set aside after payment. Keywords: Section 138 NI Act, criminal revision, joint memo, compromise/settlement, restoration clause, deposit withdrawal, CC No.677/2019, Crl.A. 10/2021.
What did the court decide?
Revision petition disposed of in terms of the joint memo: petitioner to pay Rs.55,000/- towards full and final settlement of the claim amount in CC No.677/2019 (having already deposited 50% of the cheque amount before the Trial Court, withdrawable by the respondent), with the remaining balance of Rs.24,500/- payable on or before 30/04/2025; after payment, the fine of Rs.2,000/- towards defraying expenses of the State is set aside and the amount in deposit is withdrawable by the complainant under due identification; on default in payment, the order of the Trial Magistrate confirmed by the First Appellate Court stands restored automatically. Merits of the conviction were not adjudicated.