Sri Iqbal vs Sri.B N Dinesh
2023 Latest Caselaw 6033 Kant

Citation : 2023 Latest Caselaw 6033 Kant
Judgement Date : 29 August, 2023

Karnataka High Court

Sri Iqbal vs Sri.B N Dinesh on 29 August, 2023

Bench: Rajendra Badamikar

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                                                        NC: 2023:KHC:30867
                                                    CRL.RP No. 345 of 2018




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 29TH DAY OF AUGUST, 2023

                                       BEFORE
                   THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                   CRIMINAL REVISION PETITION NO. 345 OF 2018
                BETWEEN:

                SRI. IQBAL .M S/O SHAIK MAHABOOB,
                AGED ABOUT 54 YEARS,
                R/AT NO.202,
                PANDURANGANAGARA MAIN ROAD,
                BANNERGHATTA ROAD,
                BENGALURU-560 076.
                                                             ...PETITIONER
                (BY SRI. MOHAN KUMAR .D, ADVOCATE)
                AND:

                SRI.B. N. DINESH,
                S/O LATE NANJEGOWDA,
                AGED ABOUT 50 YEARS,
                R/AT NO.139, NAGARBHAVI,
                JNANABHARATHI ROAD,
                BENGALURU-93.
Digitally                                                   ...RESPONDENT
signed by       (BY SRI. K.V. THIPPESWAMY, ADVOCATE)
RENUKAMBA            THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
KG              PRAYING TO
Location:            1.   SET ASIDE THE ORDER DATED 26.02.2018 PASSED
High Court of   BY THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
Karnataka       BANGALORE IN CRI.APPEAL NO.1478/2015, WHEREIN THE
                APPEAL WAS DISMISSED FOR NON-PROSECUTION.
                     2.   SET ASIDE THE JUDGMENT AND ORDER ON
                CONVICTION      DATED   17.11.2015     PASSED  IN
                C.C.NO.14911/2013 BY THE HON'BLE XXIII A.C.M.M.,
                BANGALORE,    CONSEQUENTLY,   PETITIONER   MAY BE
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                                                      NC: 2023:KHC:30867
                                                CRL.RP No. 345 of 2018




ACQUITTED FROM THE OFFENCE                       P/U/S       138    OF    THE
NEGOTIABLE INSTRUMENT ACT.

     THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
                                    ORDER

Mr.K.V.Thippeswamy, learned counsel files power for

respondent / complainant.

2. The revision petitioner / accused and

respondent / complainant present. Their respective

counsels are also present.

3. The parties have filed an application under

Section 147 of Criminal Procedure Code, 1973 for

compounding of the offence.

4. A joint memo is also filed reporting that the

matter was settled for Rs.6 Lakhs between the parties and

Rs.3,62,000/- is already deposited in the court and

Rs.2,38,000/- is transferred online to the account of the

complainant.

5. The contents of the compromise petition are read over and explained to the parties in presence of their

NC: 2023:KHC:30867 CRL.RP No. 345 of 2018

respective counsel in Kannada language known to them and they admit the contents to be true and correct. Both the parties have also filed an affidavit in support of the compromise. In view of the same, the application filed under Section 147 of the Negotiable Instruments Act, 1881 needs to be allowed. Accordingly, I proceed to pass the following:

ORDER

(i) The application filed by both the parties under Section 147 of the Negotiable Instruments Act, 1881 is allowed and the matter stands compounded.

(ii) The impugned judgment of conviction and order of sentence passed by XXIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.14911/2013 dated 17.11.2015 and confirmed in Crl.A.No.1478/2015 by Principal City Civil and Sessions Judge, Bengaluru vide judgment dated 26.02.2018 are set aside.

(iii) The accused / revision petitioner stands acquitted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

NC: 2023:KHC:30867 CRL.RP No. 345 of 2018

(iv) In view of the compounding of the offence, the bail bonds executed by the accused / revision petitioner stand cancelled.

(v) The amount of Rs.3,62,000/- deposited by the revision petitioner / accused before courts in these proceedings shall be paid to the complainant / respondent herein as per the terms of the compromise.