Sanjeeva Ganiga Vs Sri P Lingaiah

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT PASSED BY THE HONBLE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU CITY (CCH-68) IN CRL.A.NO.875/2021 DTD 05.10.2024 WHICH CONFIRMED THE JUDGEMENT AND SENTENCE PASSED BY THE HONBLE XII ACMM AT BENGALURU IN CC.NO.25943/2018 DTD 10.12.2018 AND TO REMAND THE MATTER BACK TO THE HONBLE XII ACMM AT BENGALURU BY GIVING AN OPPORTUNITY TO THE APPELLANT HEREIN TO CONTEST THE ABOVE CASE IN CC.NO.25943/2018 IN ACCORDANCE WITH LAW.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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NC: 2026:KHC:8642 CRL.RP No. 1387 of 2024

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HC-KAR

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ORAL ORDER

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Accused is before this Court in this criminal revision petition filed under Section 397 R/w Section 401 of Cr.P.C with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.25943/2018 dated 10.12.2018 by the Court of XII Addl. Chief Metropolitan Magistrate, Bengaluru and the judgment and order passed in Criminal Appeal No.875/2021 by the Court of LXVII Addl. City Civil & Sessions Judge, Bengaluru City dated 05.10.2024.

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Heard the learned counsel appearing for the parties.

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Learned counsel for the petitioner and learned

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counsel for the respondent have jointly submitted that during the pendency of this revision petition the dispute between the parties has been settled and the respondent / complainant has agreed to receive a total sum of ₹.8,80,000/- from the petitioner towards full and final settlement of the amount covered under the cheque in question. They submit that, an amount of ₹.2,80,000/- has been deposited by the petitioner before the Trial Court which is already withdrawn by the respondent / complainant and the balance amount of

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NC: 2026:KHC:8642 CRL.RP No. 1387 of 2024

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HC-KAR

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₹.6,00,000/- has been paid by the petitioner to the respondent

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in cash. They submit that, parties have today filed an application under Section 147 of the Negotiable Instruments Act with a prayer to permit the parties to compound the offence for which the petitioner has been convicted and sentenced by the Courts below.

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The said submission is placed on record.

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Parties, who are present in person before the Court

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are identified by their learned Advocates. Respondent has admitted receipt of ₹.6,00,000/- from the petitioner in cash and he has also admitted about withdrawing a sum of ₹.2,80,000/-, which was deposited by the petitioner before the Trial Court. Application filed by the parties under Section 147 of the N.I. Act is signed by the parties and also by their respective learned advocates. The same is taken on record.

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Considering the settlement arrived between the parties and also taking into consideration that the offence for which petitioner has been convicted and sentenced by the Courts below is a compoundable offence, I am of the opinion

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NC: 2026:KHC:8642 CRL.RP No. 1387 of 2024

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HC-KAR

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that, the petition is required to be disposed of in terms of the settlement arrived between the parties and the prayer made by the parties in the application filed by them under Section 147 of

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N.I. Act needs to be granted.

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Accordingly, the following:-

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ORDER

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i. Application filed by the parties under Section 147 of N.I. Act is allowed and the parties are permitted to compound the offence punishable under Section 138 of N.I. Act, for which petitioner has been convicted and sentenced by the Courts below. Consequently, the criminal revision petition is allowed.

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ii. The impugned judgment and order of conviction and sentence passed by the Courts below are set aside and the petitioner is acquitted of the offence punishable under Section 138 of N.I. Act. His bail bonds if any, stands cancelled.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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NMS

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List No.: 1 Sl No.: 36

Sanjeeva Ganiga v. Sri P Lingaiah

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Sanjeeva Ganiga v. Sri P Lingaiah

Case brief

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