Surendrababu vs M C Ramesh
2023 Latest Caselaw 1193 Kant

                                          -1-
                                                    CRL.RP No. 95 of 2023




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 6TH DAY OF FEBRUARY, 2023

                                         BEFORE
                       THE HON'BLE MR JUSTICE R. NATARAJ
                   CRIMINAL REVISION PETITION NO. 95 OF 2023
            BETWEEN:

            SURENDRABABU
            S/O LATE SATHYANARAYANAIH,
            AGED ABOUT 45 YEARS,
            R/AT NO.17B/116, "AMULYA",
            RAMRAO LAYOUT, KATRIGUPPA,
            BSK III STAGE, BENGALURU-560085.
                                                             ...PETITIONER
            (BY SRI. VISHNUMURTHY, ADVOCATE)

            AND:

            M.C.RAMESH
            S/O CHAKRAPANISHETTY,
            AGED ABOUT 54 YEARS,
            R/AT NO.225/226, 8TH MAIN,
Digitally   1ST BLOCK, JAYANAGARA,
signed by   BENGALURU - 560011.
SUMA                                                        ...RESPONDENT
Location:   (BY SRI. RAJAGOPAL T.R., ADVOCATE FOR
HIGH
COURT OF        SRI B.R.VISHWANATH, ADVOCATE)
KARNATAKA
                 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 OF CONVICTION AND
            SENTENCE PASSED BY THE LEARNED XXI ADDITIONAL CMM,
            BENGALURU AGAINST THE APPELLANT IN C.C.NO.35070/2014 AND
            C.C.NO.35071 VIDE DATED 01.03.2016 AND ACQUIT THE
            APPELLANT.

                 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
            COURT MADE THE FOLLOWING:
                               -2-
                                        CRL.RP No. 95 of 2023




                            ORDER

This revision petition is filed challenging the judgment of

conviction dated 01.03.2016 passed by the XXI Additional Chief

Metropolitan Magistrate, Bengaluru in C.C.Nos.35070/2014 and

C.C.No.35071/2014 and the consequent sentence to pay fine of

Rs.3,10,000/- and Rs.4,10,000/- respectively. The petitioner

also challenged the judgment dated 22.12.2012 passed by the

LXI Additional City Civil and Sessions Judge, Bengaluru (CCH-

62) in Crl.A.No.403/2016.

2. The petitioner and the respondent have filed an

application along with joint memo which is treated as an

application under Section 147 of the Negotiable Instruments

Act, 1881. It is stated in the joint memo that in terms of the

settlement arrived at, the respondent has agreed to receive a

sum of Rs.6,40,000/- towards full and final settlement of the

amount payable under the cheques in question. Out of the said

sum of Rs.6,40,000/-, a sum of Rs.72,000/- is already

deposited before the trial Court and the petitioner has no

objection for release of the said amount to the respondent and

out of the further remaining amount of Rs.5,78,000/-, the

petitioner has tendered cash of Rs.40,000/- to the respondent

CRL.RP No. 95 of 2023

and has paid the balance of Rs.5,28,000/- through three

demand drafts, all dated 04.02.2023.

3. 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

dated 01.03.2016 passed by XXI Additional Chief Metropolitan

Magistrate, Bengaluru in C.C.Nos.35070/2014 and 35071/2014

and the consequent sentence is set aside. The judgment of LXI

Additional City Civil and Sessions Judge (CCH-62), Bengaluru

dated 22.12.2022 in Crl. Appeal No.403/2016 is also set aside.

The amount in deposit before the trial Court is ordered to

be released in favour of the respondent.

Sd/-

JUDGE

KMV