T.D.Begure Gowda vs C.N.Murthy
2022 Latest Caselaw 354 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 10TH DAY OF JANUARY 2022

                         BEFORE

 THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

  CRIMINAL REVISION PETITION No.1426 OF 2021


BETWEEN

T.D.Begure Gowda,
S/o D.Thimmaiah,
Aged about 51 years,
R/at No.482, 1st Main Road,
Near Water Tank,
Chandramouleshwara Layout,
Hunusamaranahalli, Hosahalli,
Bengaluru North Taluk,
Bengaluru-562157.
                                         ...Petitioner
(By Sri Harish Kumar S., Advocate)


AND

C.N.Murthy,
S/o C.Narayanappa,
Aged about 37 years,
R/at No.114, Father's Building,
Near Yellamma Temple,
4th Cross, Maruthi Nagar,
Yelahanka, Bengaluru-560061.
                                       ...Respondent
(By Sri Narasi Reddy G., Advocate)
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       This Criminal Revision Petition is filed under Section
397 read with 401 Cr.P.C praying to set aside the order
dated 16.02.2019 passed in Crl.A.No.984/2016 on the
LXIV Additional City Civil and Sessions Judge (CCH-65) at
Bengaluru.


       This Criminal Revision Petition coming on for orders
through video conferencing this day, the court made the
following:


                          ORDER

A joint memo is filed by the petitioner and the

respondent. This memo is treated as an application

filed under section 147 of the Negotiable Instruments

Act.

2. This revision petition is filed challenging the

judgment in Criminal Appeal 984/2016 on the file of

Additional City Civil and Sessions Judge (CCH-65),

Bengaluru. The petitioner is the accused in

C.C.22690/2014. As he was convicted for the offence

under section 138 of the Negotiable Instruments Act,

he preferred the said appeal which came to be

dismissed.

3. The respondent herein initiated proceeding

for the offence under section 138 of the Negotiable

Instruments Act as the cheque issued by the

petitioner for Rs.4,00,000/- was not honoured for

want of sufficient funds in his bank account. Now,

according to the joint memo, the respondent is

agreeable for receiving Rs.3,25,000/- from the

petitioner for compounding the offence. Petitioner has

already deposited a sum of Rs.80,000/- in the trial

court vide Q.No.(R.O.No.)12296/2017 dated

20.11.2017. The petitioner has agreed to pay balance

of Rs.2,45,000/- to the respondent. The respondent

is agreeable for the same. In view of the settlement

between the parties, exercising power under section

147 of the Negotiable Instruments Act, the joint

memo is accepted and compounding is permitted.

Respondent is permitted to withdraw Rs.80,000/-

lying in deposit in the court of Additional Chief

Metropolitan Magistrate, Bengaluru. Therefore the

judgments of the courts below are set aside. The

petitioner is acquitted of the offence under section 138

of the Negotiable Instruments Act.

Sd/-

JUDGE

ckl