Rathnakara Gowda v. Sukumar Shetty M
Case brief
What is this about?
Karnataka High Court (Bengaluru), 10 March 2025, Justice J.M. Khazi — CRL.RP No. 1561 of 2016 (NC: 2025:KHC:10102). Negotiable Instruments Act Section 138 dishonour-of-cheque conviction compounded via compromise petition under Section 147 N.I. Act with joint affidavit; revision under Sections 397/401 Cr.P.C allowed; trial court (C.C.No.488/2009, 12.03.2013, Civil Judge & JMFC Hosanagara) and appellate (Crl.A.No.10001/2016, 27.10.2016, V Addl. District & Sessions Judge, Shimoga/Sagar) judgments set aside; accused acquitted. Keywords: compounding, Section 147 NI Act, acquittal, cheque bounce, settlement, revision petition allowed.
What did the court decide?
Revision petition allowed; judgment and order dated 27.10.2016 in Crl.A.No.10001/2016 (V Addl. District and Sessions Judge, Shivamogga, sitting at Sagar) and judgment and order dated 12.03.2013 in C.C.No.488/2009 (Civil Judge and JMFC) set aside; petitioner/accused acquitted of the offence punishable under Section 138 of N.I. Act; Registry directed to send back trial court and Sessions Court records with copy of the order.