Sri. Veerakumar. P v. Mrs. Padmavathi Bharadwaj
Case brief
What is this about?
Karnataka High Court, Bengaluru; CRL.RP No. 1275 of 2024; Justice J.M.Khazi; decided 17 April 2025. Accuse Veerakumar P v. Padmavathi Bharadwaj (complainant). S.138 N.I. Act cheque-dishonour conviction by XXXIV ACMM Bengaluru (C.C.59002/2018) confirmed in Crl.A.25203/2023 (LXXII Addl. City Civil and Sessions Judge, Mayo Hall, CCH-73). Compromise via joint memo: Rs.45,00,000/- settlement, Rs.24,06,617/- deposited and withdrawn, balance Rs.21,00,000/- in three Rs.7,00,000/- instalments (20.05.2025 / 20.06.2025 / 20.07.2025). Petition under Ss.397/401 Cr.P.C (Ss.438/442 BNSS) allowed; convictions set aside; accused acquitted; automatic restoration of original orders on lapse of any single instalment; Rs.5,000/- fine set aside on full payment. Keywords: NI Act 138 acquittal on compromise, joint memo, conditional acquittal, instalments, restoration of conviction.
What did the court decide?
Revision petition allowed: trial Court and appellate judgments/sentence under Section 138 of N.I. Act set aside and petitioner/accused acquitted, conditional on payment of the joint-memo amounts (automatic restoration of the original orders and liberty to proceed against the accused in accordance with law on default of any single instalment); fine of Rs.5,000/- set aside upon payment of the entire agreed amount; Registry directed to return trial Court and Sessions Court records with copy of the order.