Karnataka High Court
Arun Vincent Rajkumar vs Smt.S.Mala on 1 June, 2022
Bench: Dr.H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2022
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL REVISION PETITION No.579 OF 2015 c/w.
CRIMINAL REVISION PETITION No.578 OF 2015,
CRIMINAL REVISION PETITION No.580 OF 2015 &
CRIMINAL REVISION PETITION No.581 OF 2015
CRIMINAL REVISION PETITION No.579 OF 2015
BETWEEN:
Arun Vincent Rajkumar,
Aged about 40 years
Son of Sri A.J. Rajkumar,
R/at: No.301, 8th 'A' Main,
I Block, HRBR Layout,
Near: KIMS College,
Bangalore - 560043.
.. Petitioner
(By Sri. Satyanarayana S. Chalke, Advocate)
AND:
Smt. S. Mala,
Aged about 42 years,
W/o. Sri R. Srinivasan,
R/at: No.434, 9th 'A' Main,
I Block, HRBR Layout,
Bangalore - 560043.
.. Respondent
(By Sri.S.V. Lakshminarayana, Advocate)
****
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c/w.Crl.R.P.No.578/2015,
Crl.R.P.No.580/2015 &
Crl.R.P.No.581/2015
2
This Criminal Revision Petition is filed under Section 397
read with Section 401 of the Cr.P.C., 1973, praying to call for the
entire records in Crl.Appeal No.25025/2013, the order and
judgment dated 25-03-2015 by the Court of Fast Track Court-III
at Mayohall Unit, Bangalore and also in C.C.No.35425/2010
passed by the learned XIV Additional Chief Metropolitan
Magistrate at Mayohall, Bangalore for reviewing the said
judgments in the above case and further be pleased to set aside
the judgment and order dated 25-03-2015 passed by the Fast
Track Court-III at Mayohall, Bangalore in Crl. Appeal
No.25025/2013 and further be pleased to acquit the petitioner
by setting aside the trial court judgment and order dated
07-01-2013 passed in C.C.No.35425/2010 on the file of the
learned XIV Additional Chief Metropolitan Magistrate Court at
Mayohall, Bangalore under Section 138 of N.I. Act and grant
such other relief including the cost of this revision in the above
circumstances in accordance with law in the interest of justice
and equity.
CRIMINAL REVISION PETITION No.578 OF 2015
BETWEEN:
Arun Vincent Rajkumar,
Aged about 40 years
Son of Sri A.J. Rajkumar,
R/at: No.301, 8th 'A' Main,
I Block, HRBR Layout,
Near: KIMS College,
Bangalore - 560043.
.. Petitioner
(By Sri. Satyanarayana S. Chalke, Advocate)
AND:
Smt. S. Mala,
Aged about 42 years,
W/o. Sri R. Srinivasan,
Crl.R.P.No.579/2015
c/w.Crl.R.P.No.578/2015,
Crl.R.P.No.580/2015 &
Crl.R.P.No.581/2015
3
R/at: No.434, 9th 'A' Main,
I Block, HRBR Layout,
Bangalore - 560043.
.. Respondent
(By Sri.S.V. Lakshminarayana, Advocate)
****
This Criminal Revision Petition is filed under Section 397
read with Section 401 of the Cr.P.C., 1973, praying to call for the
entire records in Crl.Appeal No.25024/2013, the order and
judgment dated 25-03-2015 by the Court of Fast Track Court-III
at Mayohall Unit, Bangalore and also in C.C.No.35424/2010
passed by the learned XIV Additional Chief Metropolitan
Magistrate at Mayohall, Bangalore for reviewing the said
judgments in the above case and further be pleased to set aside
the judgment and order dated 25-03-2015 passed by the Fast
Track Court-III at Mayohall, Bangalore in Crl. Appeal
No.25024/2013 and further be pleased to acquit the petitioner
by setting aside the trial court judgment and order dated
07-01-2013 passed in C.C.No.35424/2010 on the file of the
learned XIV Additional Chief Metropolitan Magistrate Court at
Mayohall, Bangalore under Section 138 of N.I. Act and grant
such other relief including the cost of this revision in the above
circumstances in accordance with law in the interest of justice
and equity.
CRIMINAL REVISION PETITION No.580 OF 2015
BETWEEN:
Arun Vincent Rajkumar,
Aged about 40 years
Son of Sri A.J. Rajkumar,
R/at: No.301, 8th 'A' Main,
I Block, HRBR Layout,
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Crl.R.P.No.580/2015 &
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Near: KIMS College,
Bangalore - 560043.
.. Petitioner
(By Sri. Satyanarayana S. Chalke, Advocate)
AND:
Smt. S. Mala,
Aged about 42 years,
W/o. Sri R. Srinivasan,
R/at: No.434, 9th 'A' Main,
I Block, HRBR Layout,
Bangalore - 560043.
.. Respondent
(By Sri.S.V. Lakshminarayana, Advocate)
****
This Criminal Revision Petition is filed under Section 397
read with Section 401 of the Cr.P.C., 1973, praying to call for the
entire records in Crl.Appeal No.25026/2013, the order and
judgment dated 25-03-2015 by the Court of Fast Track Court-III
at Mayohall Unit, Bangalore and also in C.C.No.35426/2010
passed by the learned XIV Additional Chief Metropolitan
Magistrate at Mayohall, Bangalore for reviewing the said
judgments in the above case and further be pleased to set aside
the judgment and order dated 25-03-2015 passed by the Fast
Track Court-III at Mayohall, Bangalore in Crl.Appeal
No.25026/2013 and further be pleased to acquit the petitioner
by setting aside the trial court judgment and order dated
07-01-2013 passed in C.C.No.35426/2010 on the file of the
learned XIV Additional Chief Metropolitan Magistrate Court at
Mayohall, Bangalore under Section 138 of N.I. Act and grant
Crl.R.P.No.579/2015
c/w.Crl.R.P.No.578/2015,
Crl.R.P.No.580/2015 &
Crl.R.P.No.581/2015
5
such other relief including the cost of this revision in the above
circumstances in accordance with law in the interest of justice
and equity.
CRIMINAL REVISION PETITION No.581 OF 2015
BETWEEN:
Arun Vincent Rajkumar,
Aged about 40 years
Son of Sri A.J. Rajkumar,
R/at: No.301, 8th 'A' Main,
I Block, HRBR Layout,
Near: KIMS College,
Bangalore - 560043.
.. Petitioner
(By Sri. Satyanarayana S. Chalke, Advocate)
AND:
Smt. S. Mala,
Aged about 42 years,
W/o. Sri R. Srinivasan,
R/at: No.434, 9th 'A' Main,
I Block, HRBR Layout,
Bangalore - 560043.
.. Respondent
(By Sri.S.V. Lakshminarayana, Advocate)
****
This Criminal Revision Petition is filed under Section 397
read with Section 401 of the Cr.P.C., 1973, praying to call for the
entire records in Crl.Appeal No.25027/2013, the order and
judgment dated 25-03-2015 by the Court of Fast Track Court-III
at Mayohall Unit, Bangalore and also in C.C.No.35672/2010
passed by the learned XIV Additional Chief Metropolitan
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c/w.Crl.R.P.No.578/2015,
Crl.R.P.No.580/2015 &
Crl.R.P.No.581/2015
6
Magistrate at Mayohall, Bangalore for reviewing the said
judgments in the above case and further be pleased to set aside
the judgment and order dated 25-03-2015 passed by the Fast
Track Court-III at Mayohall, Bangalore in Crl.Appeal
No.25027/2013 and further be pleased to acquit the petitioner
by setting aside the trial court judgment and order dated
07-01-2013 passed in C.C.No.35672/2010 on the file of the
learned XIV Additional Chief Metropolitan Magistrate Court at
Mayohall, Bangalore under Section 138 of N.I. Act and grant
such other relief including the cost of this revision in the above
circumstances in accordance with law in the interest of justice
and equity.
These Criminal Revision Petitions coming on for Orders,
through Physical Hearing/Video Conferencing Hearing this day,
the Court made the following:
ORDER
Learned counsels from both side in all these four
matters along with their respective clients as identified by
them, are physically present in the Court.
2. In all these four revision petitions, the present
petitioner has challenged the confirmation of his conviction
for the offence punishable under Section 138 of the
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Negotiable Instruments Act, 1881 (hereinafter for brevity
referred to as "the N.I. Act"). The judgment of conviction
and order on sentence passed by the learned XIV Additional
Chief Metropolitan Magistrate, Bangalore (hereinafter for
brevity referred to as "the Trial Court") in all these four
matters were confirmed by the Fast Tract Court-III,
Mayohall, Bangalore (hereinafter for brevity referred to as
"the first appellate Court") in the Criminal Appeals
preferred by the present petitioner, who was the accused in
the Trial Court.
3. The respondent herein was the complainant in the
Trial Court. Now both the parties have come up with
memorandum of settlement in all these four matters, in
which regard, they have filed separate interlocutory
applications, i.e. I.A.No.2/2022 in each petition, under
Section 147 of the N.I. Act read with Section 320 (6) of the
Code of Criminal Procedure, 1973 (hereinafter for brevity
referred to as "the Cr.P.C.").
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4. All these four interlocutory applications
(I.A.No.2/2022) along with their annexures filed in these
four revision petitions are identical in their sum and
substance. In all the applications, both parties have filed
joint affidavit also.
5. In the memorandum of settlement filed along with
the interlocutory applications in all the four matters, both
parties have carved out the terms of settlement entered
into between them, the summary of which is that, the
present respondent in all these four matters, by accepting a
total sum of `9,00,000/- (Rupees Nine Lakhs only) payable
to her by the present petitioner (accused), has agreed for
the acquittal of the present petitioner (accused) from the
alleged offence punishable under Section 138 of the N.I. Act
and also has agreed for refunding of the deposits said to
have been made by the petitioner herein in the Trial Court
as well as in this Court.
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6. The learned counsels from both side have made
their submissions on the lines of the interlocutory
applications filed under Section 147 of the N.I. Act in all
these petitions and the memorandum of settlement and
have prayed for accepting the applications and permitting
the parties to compromise as mentioned in the applications.
7. The enquiry made with the parties who are present
physically before the Court also reveals that both parties
have, with their free consent and out of their own volition,
without being influenced by undue influence, duress or
misrepresentation or by mistake, have entered into the
terms of settlement in their best interest. Hence, there is
no embargo to deny them the permission to settle the
matter.
8. Accordingly, the present respondent, as a
complainant, who has acknowledged the receipt of a sum of
`3,00,000/- (Rupees Three Lakhs Only) in the form of
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demand draft dated 31-05-2022 said to have been given to
her by the accused (petitioner herein) now, acknowledges
the receipt of another sum of `6,00,000/- (Rupees Six
Lakhs Only) from the accused (petitioner herein) in the form
of another demand draft dated 31-05-2022 drawn in her
favour and thus acknowledges the receipt of a total sum of
`6,00,000/- + `3,00,000/- = `9,00,000/- towards full and
final settlement of the agreed terms with respect to the
present four petitions. She has further agreed that the
deposits, if any, made by the present petitioner in these
four petitions either in the Trial Court or in this Court be
released in his favour.
9. The learned counsel for the petitioner, upon
instructions from his client submits that, the graded cost
payable by virtue of the judgment of the Hon'ble Apex Court
in the case of Damodar S. Prabhu v. Sayed Babalal H
reported in AIR 2010 SUPREME COURT 1907, which
comes to a total sum of `81,000/- be deducted from out of
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the amount deposited by the petitioner herein in this Court
and balance of the amount be released to him. The
petitioner who is physically present also reiterates what the
submission his learned counsel has made today.
10. Section 147 of the N.I. Act has made every
offence punishable under the N.I. Act as compoundable. As
such, there is no bar for the parties in the proceeding to
compound the offence. However, at the same time, the
guidelines laid down by the Hon'ble Apex Court in Damodar
S. Prabhu's Case (supra), regarding imposing graded
cost on litigant also is to be borne in mind. According to the
said Judgment in Damodar S. Prabhu's Case (supra), if
the application for compounding is made before the
Sessions Court or High Court in revision or appeal, such
compounding is permitted to be allowed on the common
condition that the accused pays 15% of the cheque amount
by way of cost. Accordingly, taking into consideration the
joint application for compounding, the guidelines given by
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the Hon'ble Apex Court in Damodar S. Prabhu's case
(Supra) and the circumstance of the case on hand, I
proceed to pass the following:-
ORDER
[i] The Joint application - I.A.No.2/2022
filed by both side under Section 147 of the
Negotiable Instruments Act, 1881 read with
Section 320(6) of the Code of Criminal Procedure,
1973, in all these four revision petitions are
allowed;
[ii] The parties to the present petitions
are permitted to compound the offence, however,
subject to the petitioner herein (accused) paying
a total sum of `81,000/- (Rupees Eighty One
Thousand Only) towards graded cost, in this
Court, within fifteen days from today;
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[iii] Subject to the payment of the graded
cost by the petitioner herein (accused) as ordered
above, the judgments of conviction and orders on
sentence dated 07-01-2013, passed by the
learned XIV Additional Chief Metropolitan
Magistrate at Bangalore, in C.C.No.35425/2010,
C.C.No.35424/2010, C.C.No.35426/2010 and
C.C.No.35672/2010, are set aside and
consequently, the impugned judgments passed
by the Fast Track Court-III, Mayohall, Bangalore,
dated 25-03-2015, in Criminal Appeal
No.25025/2013, Criminal Appeal No.25024/2013,
Criminal Appeal No.25026/2013 and Criminal
Appeal No.25027/2015, confirming the
judgments of the Trial Court, also stand set
aside;
[iv] The petitioner herein (accused) -
Sri. Arun Vincent Rajkumar S/o. Sri.A.J.
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Rajkumar, resident of HRBR Layout, Bengaluru,
who was the accused before the Trial Court is
acquitted of the alleged offence punishable under
Section 138 of the Negotiable Instruments Act,
1881, in all these four revision petitions;
[v] However, this order of compounding
of the offence and acquittal of the petitioner
herein would come into operation and would
enure to the benefit of the petitioner, only after
he deposits the graded cost as ordered above, in
this Court and in its entirety within fifteen days
from today. In case of non-deposit of the said
amount in its entirety, today's order would not
enure to the benefit of the petitioner.
[vi] The amount, if any, deposited by the
petitioner herein in this Court in all these four
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petitions be released to him, after deducting the
graded cost of `81,000/-, as ordered above.
[vii] The amount, if any, deposited by the
petitioner herein, in the Trial Court is directed to
be refunded/released in his favour, after his due
identification and in accordance with law and
after ensuring the payment of graded cost by the
petitioner, as ordered above;
Accordingly, all these four revision petitions stand
disposed of as settled between the parties amicably subject
to the payment of the graded cost by the petitioner herein,
as ordered above.
In view of disposal of main petitions, pending
I.A.No.1/2019 for modification and I.A.No.2/2019 for
direction in all these four petitions do not survive for
consideration.
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Registry to transmit a copy of this order to both the
Trial Court and also to the Sessions Judge's Court, along
with their respective records, immediately.
Sd/-
JUDGE
BMV*
