Sri S Prakasha v. Sri K Mylari Rao
Case brief
What is this about?
Keywords: Section 138 Negotiable Instruments Act; cheque dishonour conviction; dismissal of criminal revision petition; S. 397 r/w 401 CrPC; Section 482 CrPC; Section 357 CrPC compensation; release of deposited cheque amount; full and final settlement; withdrawal of enhancement petition upon deposit; C.C No.183/2013 Principal Civil Judge and JMFC Kadur; Crl.A No.124/2014; Crl.R.P No.302/2014; Principal District and Sessions Judge Chikkamagaluru; LRS amendment order dated 10.03.2026; fine Rs.70,000/-. Relevance: illustrates closure of Section 138 NI Act litigation where the accused deposits the cheque amount during pendency and the complainant accepts release of the deposit in full and final settlement, resulting in dismissal of both the accused's revision and the complainant's enhancement petition.
What did the court decide?
Release of the amount deposited in Crl.RP No. 385/2017 to the respondent (complainant) towards full and final settlement of all claims in C.C No.183/2013; no enhancement of sentence, no imposition of twice the cheque amount, and no compensation under Section 357 CrPC, as Crl.P No. 5104/2017 was dismissed.