Sri Hari Prakash Vs Sri Venkataraju S — Cheque Dishonour | Karnataka HC (2025)

Sri Hari Prakash Vs Sri Venkataraju S — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Revision petition allowed; trial court conviction and sentence (C.C.No.52370/2013, dt.21.09.2016) and appellate confirmation (Crl.A.No.25058/2016, dt.31.08.2017) set aside; petitioner/accused acquitted of the offence under Section 138 N.I. Act; fine of Rs.5,000/- towards defraying expenses of the State set aside subject to payment of the agreed settlement amount; complainant permitted to withdraw the amount in deposit.

Issue for consideration

Whether the conviction and sentence imposed on the petitioner/accused for the offence under Section 138 of the N.I. Act (confirmed by the appellate court) should be set aside in this revision under Sections 397/401 Cr.P.C. +1 more

Court's answer

The criminal revision petition filed under Section 397 r/w Section 401 Cr.P.C is allowed.

Ratio / Principle

The terms and conditions of the joint memo recording the amicable settlement are legal and equitable and are accepted.

Key takeaways

The judgment and order dated 21.09.2016 in C.C.No.52370/2013 on the file of XIV ACMM, Bengaluru is set aside.ratio¶45
The judgment and order dated 31.08.2017 in Crl.A.No.25058/2016 on the file of XXVIII Addl. City Civil and Sessions Judge, Bengaluru, confirming the conviction, is set aside.ratio¶45
The petitioner/accused is acquitted of the offence punishable under Section 138 of the N.I. Act.ratio

Detailed headnote1 paragraphs

Criminal Revision Petition under S.397 r/w S.401 Cr.P.C. by the accused in a cheque-dishonour case (S.138, N.I. Act). Pending revision, the parties filed a joint memo reporting amicable settlement: the judgment amount stood paid as full and final settlement, comprising Rs.2,05,000/- already deposited in C.C.No.52370/2013 before the 14th ACMM and a further Rs.2,05,000/- paid by demand draft No.682224 dated 03.04.2025. Holding the memo's terms legal and equitable, the High Court (J.M.Khazi, J.) allowed the revision, set aside the conviction judgment dated 21.09.2016 of the XIV ACMM, Bengaluru and the appellate judgment dated 31.08.2017 of the XXVIII Addl. City Civil and Sessions Judge, Bengaluru, acquitted the accused under S.138 N.I. Act, set aside the Rs.5,000/- fine towards defraying the State's expenses (subject to payment of the agreed amount), and permitted the complainant to withdraw the deposit under due identification.

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NC: 2025:KHC:16873 CRL.RP No. 1227 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1227 OF 2017

BETWEEN:

SRI HARI PRAKASH S/O CHANDRAN AGED ABOUT 43 YEARS, RESIDING AT NO.109, 2^ND MAIN HAL 2^ND STAGE, NEAR ISRO L.P.S.C. KODI HALLI, BENGALURU NORTH BENGALURU-560 008

…PETITIONER

(BY SMT. SHASHIKALA G, ADVOCATE)

AND:

Digitally signed by REKHA R Location: High Court of Karnataka

SRI VENKATARAJU S S/O LATE A SHAMANNA AGED ABOUT 43 YEARS, R/AT NO.74, 18^TH MAIN 5^TH CROSS, HAL 2^ND STAGE BENGALURU-560 008

…RESPONDENT

(BY SRI.B.T.PRASANNA KUMAR, ADVOCATE)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE JUDGMENT DATED 21.09.2016 PASSED IN C.C.NO.52370/2013 PASSED BY HON'BLE XIV ACMM, MAYOHALL AT BANGALORE AND THE APPELLATE JUDGMENT DATED 31.08.2017 PASSED IN CRL.APPEAL NO.25058/2016 BEFORE THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL AT BANGALORE

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NC: 2025:KHC:16873 CRL.RP No. 1227 of 2017

CONFIRMING THE CONVICTION JUDGMENT PASSED BY THE TRIAL COURT AND ETC.,

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI

ORAL ORDER

Petitioner and respondent are present. Learned counsel for the respondent is also present.

The petitioner has filed a memo along with demand draft bearing No.682224 dated 03.04.2025 for a sum of Rs.2,05,000/- in the name of Registrar General, High Court of Karnataka, Bengaluru.

Learned counsel for the respondent submits that the entire payment is received.

The registry is directed to receive the demand

draft and deposit the amount to the concerned account.

The respondent is permitted to withdraw the amount in deposit.

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NC: 2025:KHC:16873 CRL.RP No. 1227 of 2017

The joint memo is filed reporting amicable

settlement between the parties. The joint memo reads as under:

"JOINT MEMO FILED BY THE PETITIONER AND RESPONDENT

The Petitioner & Respondent have amicably settled the matter between them & arrived at the following:

1. The petitioner has paid the entire Judgment amount to the Respondent as full and final settlement of the entire dispute.

(a) A sum of Rs.2,05,000/- has already been deposited in C.C No.52370/2013 before the 14th ACMM At Bengaluru Mayohall unit & same can be withdrawn as per the orders passed by this Hon'ble Court.

(b) A sum of Rs.2,05,000/- has been paid today by way of DD.

2. Both the Petitioner & Respondent settlement have been arrived at freely, voluntarily & without any undue influence, pressure or coercion from any side.

3. In view of the amicable settlement between the parties, both the Petitioner and Respondent humbly request this Hon'ble Court to dispose of Crl.R.P No.1227/2017 as settled & a pass appropriate orders including recording the terms of the settlement & further

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NC: 2025:KHC:16873 CRL.RP No. 1227 of 2017

to release the petitioner from any further legal obligations arising out of the case in question.

The joint memo is signed by both the petitioner and Respondent & they pray for the disposal of the matter in the terms."

The terms and conditions of the joint memo are legal and equitable. The same are accepted and accordingly, following:

ORDER

(i) The petition filed under Section 397 r/w Section 401 Cr.P.C is allowed.

(ii) The judgment and order dated 21.09.2016 in C.C.No.52370/2013 on the file of XIV ACMM, Bengaluru and judgment and order dated 31.08.2017 in Crl.A.No.25058/2016 on the file of XXVIII Addl. City Civil and Sessions Judge, Bengaluru, are set aside.

(iii) Petitioner/accused is acquitted of the offence punishable under Section 138 of N.I. Act.

(iv) If the entire amount as agreed in the joint memo is paid, fine amount imposed by the

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NC: 2025:KHC:16873 CRL.RP No. 1227 of 2017

trial Court, which is confirmed by the Sessions Court to the extent of Rs.5,000/towards defraying expenses of the State is hereby set aside.

(v) Amount in deposit is permitted to be withdrawn by the complainant under due identification.

(vi) The Registry is directed to send back the trial Court as well as Sessions Court records along with copy of this order forthwith.

Sd/(J.M.KHAZI) JUDGE

KBM/RR List No.: 1 Sl No.: 50