Harish Shetty v. T. R. Srinivasa
Case brief
What is this about?
Section 138 Negotiable Instruments Act; cheque dishonour conviction; criminal revision petition S.397 r/w S.401 CrPC (also noted as 438 BNSS); disposal of revision on joint memo/compensation terms; fine Rs.25,10,000/- with one-year simple imprisonment in default; Rs.12,50,000/- (50%) paid, Rs.8,50,000/- payable within six months; return of two HDFC Bank cheques to accused; Rs.10,000/- defraying expenses of State set aside on full payment; Senior Civil Judge & JMFC Tiptur C.C.No.165/2019; V Addl. District & Sessions Judge Tiptur Crl.A.No.10015/2022; Justice V Srishananda; decided 08-04-2026; NC: 2026:KHC:19521.
What did the court decide?
Revision petition disposed of on the parties' memo: petitioner (having already paid Rs.12,50,000/-, being 50% of the fine) to pay a further sum of Rs.8,50,000/- within six months of the order; respondent to return two HDFC Bank cheques belonging to the petitioner held in his custody/possession; on failure to pay the agreed compensation, imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court stands revived; on payment of the entire compensation, the Rs.10,000/- towards defraying expenses of the State stands set-aside.