Sri S Ramanathan Vs Sri Nagalingam S — Cheque Dishonour | Karnataka HC (2025)

Sri S Ramanathan Vs Sri Nagalingam S — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Application under Section 320(8) of Cr.P.C. read with Section 147 of N.I. Act allowed; offence under Section 138 of N.I. Act compounded and acquittal recorded (order text: 'The respondent-complainant is acquitted'); payment of Rs.5,000/- made before the Trial Court on 11.03.2025 with receipt taken on record; criminal revision petition stands disposed of.

Issue for consideration

Whether, on a joint application under Section 320(8) of Cr.P.C. read with Section 147 of N.I. Act signed by both the petitioner and the respondent, the offence under Section 138 of N.I. Act arising from the trial-court judgment and the appellate order should be compounded in view of the settlement between the parties, warranting disposal of the criminal revision petition.

Court's answer

The Court allowed the joint application for compounding under Section 320(8) of Cr.P.C. read with Section 147 of N.I. Act and, since the matter was settled among the parties for Rs.3,75,000/- with the entire balance amount paid to the respondent, recorded acquittal for the offence under Section 138 of N.I. Act (as printed: 'The respondent-complainant is acquitted').

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (H.P. Sandesh, J.), Oral Order dated 21.03.2025 in CRL.RP No. 1481 of 2023. The revision petition under Section 397 r/w 401 Cr.P.C. prayed to set aside the order dated 02.09.2023 in CRL.A.NO.25085/2022 (LXXII Additional City Civil and Sessions Judge, Mayohall (CCH-73)) and the judgment dated 01.04.2022 in C.C.NO.51140/2021 (XIV ACMM, Mayo Hall, Bengaluru) arising from a Section 138 N.I. Act case. Learned counsel for both parties filed a joint application under Section 320(8) of Cr.P.C. read with Section 147 of N.I. Act, signed by the petitioner and the respondent, seeking compounding. The Court recorded that the Trial Court had imposed a fine of Rs.4,30,000/-, that Rs.2,15,000/- was already deposited, that the matter was settled for a total of Rs.3,75,000/- and that the balance of Rs.1,60,000/- was paid by Demand Draft towards full and final settlement. Allowing the application, the Court recorded acquittal for the offence under Section 138 of N.I. Act (as printed: 'the respondent-complainant is acquitted'); a further payment of Rs.5,000/- made before the Trial Court on 11.03.2025, with receipt, was taken on record. The criminal revision petition stands disposed of.

NC: 2025:KHC:11913 CRL.RP No. 1481 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE H.P.SANDESH

CRIMINAL REVISION PETITION NO. 1481 OF 2023

BETWEEN:

SRI. S. RAMANATHAN S/O SRI. S.V.SUNDIRA RAJAN AGED ABOUT 62 YEARS PROPRIETOR OF SRI VENKATESHWARA TEXTILES RESIDING AT NO.5-6-37 MARIYAMMAN KOIL STREET JALAKANTAPURAM SALEM DISTRICT TAMIL NADU-636 501.

…PETITIONER

(BY SRI. MOHAN DAS T.K., ADVOCATE)

AND:

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

SRI. NAGALINGAM S., S/O SRI. SOUNDAPPA CHETTIAR AGED ABOUT 62 YEARS RESIDING AT NO.6/1 MURUGESH MUDALIAR STREET AKKI THIMMANAHALLI SHANTHINAGAR BENGALURU-560 027.

…RESPONDENT

(BY SRI. NEHRU P., ADVOCATE)

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 02.09.2023 PASSED IN CRL.A.NO.25085/2022 ON THE FILE OF THE COURT

2 - NC: 2025:KHC:11913 CRL.RP No. 1481 of 2023

OF LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT MAYOHALL (CCH-73) AND ALSO JUDGMENT DATED 01.04.2022 PASSED IN C.C.NO.51140/2021 ON THE FILE OF THE XIV ACMM, MAYO HALL, BENGALURU.

THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

Learned counsel for the parties have filed an application

under Section 320(8) of Cr.P.C. read with Section 147 of N.I. Act and the same is also signed by the petitioner and the respondent.

The Trial Court sentenced the respondentcomplainant to pay fine of Rs.4,30,000/- and already an amount of Rs.2,15,000/- is deposited before the Trial Court and matter is settled for total amount of Rs.3,75,000/- and balance amount of Rs.1,60,000/- is paid today by way of Demand Draft in the name of the respondent towards full and final settlement. Hence, respondent-complainant pray this Court to compound the offence by allowing the application.

For the reasons stated in the affidavit accompanying the application and also since the matter is

3 - NC: 2025:KHC:11913 CRL.RP No. 1481 of 2023

settled among the parties for an amount of Rs.3,75,000/- and entire balance amount is paid to the respondent, the application is allowed. The respondent-complainant is acquitted for the offence under Section 138 of N.I. Act.

Learned counsel for the respondent-complainant submits that he has paid an amount of Rs.5,000/- before the Trial Court on 11.03.2025 and receipt is also produced before the Court and the same is taken on record.

Accordingly, the criminal revision petition stands disposed

of.

Sd/(H.P.SANDESH) JUDGE

ST List No.: 1 Sl No.: 33