M/S. Jmj Agro Exports vs M/S. Abc Enterprises
2023 Latest Caselaw 1187 Kant

Citation : 2023 Latest Caselaw 1187 Kant
Judgement Date : 3 February, 2023

Karnataka High Court

M/S. Jmj Agro Exports vs M/S. Abc Enterprises on 3 February, 2023

Bench: R. Nataraj

                                        -1-
                                                 CRL.RP No. 19 of 2023




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 3RD DAY OF FEBRUARY, 2023

                                     BEFORE
                       THE HON'BLE MR JUSTICE R. NATARAJ
                   CRIMINAL REVISION PETITION NO. 19 OF 2023
            BETWEEN:

            M/S. JMJ AGRO EXPORTS
            REP. BY ITS AUTHORIZED SIGNATORY
            MR. CELESTINE A.,
            S/O ANTHONY,
            AGED ABOUT 45 YEARS,
            NO.35, 1ST FLOOR, 1ST CROSS,
            IMMEDIHALLI ROAD,
            NEAR GOVERNMENT SCHOOL,
            OPP. VINAYAKA LAYOUT, WHITEFIELD,
            BENGALURU - 560066.
                                                           ...PETITIONER
            (BY SMT. KAVITHA MAHESH, ADVOCATE)

            AND:

            M/S. ABC ENTERPRISES
            NO.416, ANANYA, 3RD MAIN,
Digitally   60 FEET ROAD,
signed by
SUMA        NEAR STATE BANK OF INDIA,
Location:   R.R LAYOUT, NAGADEVANAHALLI,
HIGH        BENGALURU -560056
COURT OF
KARNATAKA   PROPRIETOR,
            MRS. CHANDRAKALA
            W/O PANDU,
            AGED ABOUT 47 YEARS
            REPRESENTED BY HER POWER OF ATTORNEY HOLDER
            MR.PANDU S/O VENKATAPPA.
                                                          ...RESPONDENT
            (BY SRI. LOKESHA M.K, ADVOCATE)

                 THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
            SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973
            PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
            CONVICTION AND SENTENCE PASSED BY THE LEARNED XXIII ACMM,
                                -2-
                                        CRL.RP No. 19 of 2023




BANGALORE IN C.C.NO.7364/2019 DATED 30.11.2021 FOR THE
OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I ACT AND
JUDGMENT AND ORDER OF DISMISSAL PASSED THEREIN BY THE
LEARNED LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE,
BANGALORE (CCH-59) IN CRL.A.NO.1182/2021 DATED 06.07.2022.

     THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

                              ORDER

The petitioner and the respondent have filed a joint

memo, which is treated as an application under Section 147 of

Negotiable Instruments Act, 1881. It is stated in the joint

memo that the parties have settled the dispute for a sum of

Rs.7,20,000/- as full and final settlement of the amount

payable under the cheque in question. The petitioner has

handed over a demand draft for a sum of Rs.7,20,000/-, which

is acknowledged by the respondent.

2. In view of the same, the joint memo is accepted

and the revision petition is allowed. The offence committed by

the petitioner under Section 138 of Negotiable Instruments Act,

1881 is compounded. Consequently, the judgment of conviction