Karnataka High Court
Sri. M. V. Ramesh vs Sri. M. Narayanaswamy on 19 December, 2023
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CRL.RP No. 923 of 2021
NC: 2023:KHC:46397
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.923 OF 2021
BETWEEN:
SRI. M.V.RAMESH,
S/O. LATE M. VENKATAPPA,
AGED ABOUT 52 YEARS,
R/AT NO.3041/18, 8TH 'A' CROSS,
14TH 'A' MAIN ROAD,
RPC LAYOUT, VIJAYANAGAR,
BENGALURU - 560 040.
...PETITIONER
(BY SRI. RAJARAM T, ADVOCATE)
AND:
SRI. M.NARAYANASWAMY,
S/O LATE H.B.KRISHNANAYAKA,
AGED ABOUT 58 YEARS,
R/AT NO.41, 2ND CROSS,
BASAVASAMITHI LAYOUT,
Digitally VIDYARANYAPURA,
signed by
REKHA R BENGALURU - 560 097.
Location: High ...RESPONDENT
Court of
Karnataka (BY SRI. DHARMPAL, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO SET ASIDE THE ORDER OF CONVICTION
DATED 21.04.2021 PASSED BY THE LXIX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE (CCH-70), BENGALURU IN
CRIMINAL APPEAL NO.1560/2018 DISMISSING THE APPEAL
FILED BY THE PETITIONER AGAINST THE ORDER OF
CONVICTION DATED 10.07.2018 PASSED BY THE XX
ADDITIONAL SMALL CAUSES JUDGE AND XVIII A.C.M.M. AND
M.A.C.T, BENGALURU, (SCCH-22) IN C.C.NO.106/2018, BY
ALLOWING THIS CRL.RP AS PRAYED FOR, IN THE INTEREST OF
JUSTICE.
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CRL.RP No. 923 of 2021
NC: 2023:KHC:46397
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner and respondent and their respective
learned counsel are present.
2. I.A.No.1/2023 is filed under Section 147 of
N.I.Act. It is supported by affidavits filed by
petitioner/accused as well as respondent. The terms of the
compromise petition reads as under:
i) That the Respondent/Complainant filed a
private Complaint against the
Petitioner/accused for the offence punishable
under Section 138 if the NI Act for having
bounced the Cheque bearing No.277877 dated
27.10.2017 for an amount of Rs.6,12,000/-
drawn on State Bank of India,
Yeshawanthapura Branch, Bengaluru, as per
CC No.106/2018 before the learned XXII Addl.
Small Causes Judge and XVIII Addl. Chief
Metropolitan Magistrate and MACT at Bengaluru
(SCCH-22), in which the Petitioner was
convicted as per the Judgment dated
10.07.2018. Against that Judgment and Order,
the Petitioner had challenged the same by
NC: 2023:KHC:46397
preferring Crl.Appeal No.1560/2018 before the
learned City Civil and Sessions Judge (CCH-70)
at Bangalore, but the said Appeal came to be
dismissed and confirmed by Order passed by
the Trial Court as per the Judgment dated
21.04.2021. Against that Order, the Petitioner
has preferred the above Crl.Revision Petition
and deposited 50% of the total fine amount
before the trial Court as per the Order of this
Hon'ble Court and the same has been got
released by the Respondent.
ii) Now both the parties have agreed to settle
their dispute amicably in the presence of their
respective Advocates and well-wishers and the
Respondent has agreed to abandon the
remaining balance amount and he will not
claim the said balance amount from the
Petitioner in the future in any manner.
iii) That the Petitioner had given 7 other signed
old Cheques along with Exhibit P1 VIZ One
Cheque belonging to SBI Bank and the other 6
Cheques belonging to UCO Bank to the
Respondent. The said Cheques have been
discarded by the Respondent. Hence, he will
not proceed against the Petitioner on that
regard at any time.
NC: 2023:KHC:46397
WHEREFORE, the Petitioner/Accused and
Respondent/Complainant humbly pray that this
Hon'ble Court be pleased to allow the above
Crl. Revision by setting aside the Judgment of
Trial Court in C.C.No.106/2018 dated
10.07.2018 and also the Crl.A No.1560/2018
dated 21.04.2021 passed by the 1st Appellant
Court and to acquit the Petitioner, in the
interest of Justice and Equity".
In the light of the compromise entered into between
the parties, I proceed to pass the following:
ORDER
i) The Criminal Revision Petition is allowed.
ii) Impugned order dated 21.04.2021 in
Crl.A.No.1560/2018 passed by the LXIX
Additional City Civil and Sessions Judge,
(CCH-70) Bengaluru, by confirming the
judgment and order dated 10.07.2018,
passed by the XX Additional Small
Causes Judge and XVIII Additional Chief
Metropolitan Magistrate and M.A.C.T
Bengaluru (SCCH-22) in
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C.C.No.106/2018, are set aside.
Consequently petitioner/accused is
acquitted for the offence punishable
under Section 138 of Negotiable
Instruments Act, 1881.
iii) Bail bond of the accused and Surety
bond shall stand cancelled.
Sd/-
JUDGE
ASN
