Karnataka High Court
Mr Manish Shah vs Col Rajbir Singh on 21 February, 2023
Bench: R. Nataraj
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CRL.RP No. 723 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL REVISION PETITION NO. 723 OF 2022
BETWEEN:
MR MANISH SHAH
DIRECTOR
AGED 58 YEARS
ADITECH INFORECH PVT LTD.,
OFF. AT 2nd FLOOR,
NO.24/25, SHUBH COMPLEX,
NEAR RAJASTHAN HOSPITAL,
SHAHIBAUGH, AHMADABAD - 380 004.
...PETITIONER
(BY SRI. KUMARA, ADVOCATE)
AND:
COL RAJBIR SINGH
S/O LATE DEICHAND
AGED ABOUT 61 YEARS,
R/O HOUSE NO.130 B4,
Digitally NETHRAVATHI BLOCK,
signed by
SUMA NATIONAL GAMES VILLAGE, (NGV)
Location: KORAMANGALA,
HIGH COURT BENGALURU - 560 047.
OF ...RESPONDENT
KARNATAKA
(BY SRI. RAJENDRA DESAI, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C. PLEASED TO
ACQUIT THE PETITIONER BY SETTING ASIDE THE IMPUGNED
JUDGMENT DATED 19.03.2022 PASSED IN CRL.A.NO.25274/2019 BY
THE COURT OF THE LVII ADDL. CITY CIVIL AND SESSIONS JUDGE,
BANGALORE (CCH-58) VIDE AT ANNEXURE-A AND ALSO TO SET
ASIDE THE JUDGMENT DATED 03.09.2019 PASSED IN
C.C.NO.52225/2017 BY THE COURT OF THE LVII ACMM, BANGALORE
VIDE AT ANNEXURE-B.
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CRL.RP No. 723 of 2022
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This revision petition is filed challenging the judgment of
conviction dated 03.09.2019 passed by the LVII Additional
Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru
(hereinafter referred to as 'Trial Court' for short) in
C.C.No.52225/2017, by which, the petitioner was convicted for
the offence punishable under Section 138 of the Negotiable
Instruments Act, 1881 (hereinafter referred to as 'NI Act, 1881'
for short) and was sentenced to pay a fine of Rs.5,000/- and
compensation of Rs.11,00,000/-. The petitioner has also
challenged the judgment dated 19.03.2022 passed by the LVII
Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru
in Crl.A.No.25274/2019, by which the judgment of the trial
Court was upheld.
2. The parties shall henceforth be referred to as they
were arraigned before the trial Court. The petitioner was the
accused, while the respondent was the complainant.
3. When this revision petition was listed for admission,
the parties have filed an application under Section 147 of the
CRL.RP No. 723 of 2022
NI Act, 1881 to compromise the offence committed by the
petitioner. The petitioner has agreed to pay a sum of
Rs.9,00,000/-. The respondent is present in person and he
submits that he is willing to accept a sum of Rs.9,00,000/-
towards full and final settlement of the amount payable by the
petitioner.
4. The petitioner has this day handed over a sum of
Rs.4,55,000/- (Rupees Four Lakhs Fifty Five Thousand Only) by
cash, the receipt of which is acknowledged by the respondent.
The balance sum of Rs.4,45,000/- (Rupees Four Lakhs Forty
Five Thousand Only) is in deposit before the trial Court, which
the petitioner has no objection to release it to the respondent.
5. In view of the above, since the compromise is just
and proper, I.A.No.1/2023 is allowed. Consequently, this
revision petition is allowed. The offence committed by the
petitioner under Section 138 of the NI Act, 1881 is
compounded. Hence, the judgment of conviction dated
03.09.2019 passed by the LVII Additional Chief Metropolitan
Magistrate, Mayo Hall Unit, Bengaluru in C.C.No.52225/2017 is
set aside. Likewise, the judgment dated 19.03.2022 passed by
CRL.RP No. 723 of 2022
the LVII Additional City Civil and Sessions Judge, Mayo Hall,
Bengaluru in Crl.A.No.25274/2019 is also set aside.
The petitioner is acquitted of the offence punishable
under Section 138 of NI Act, 1881.
The amount in deposit before the Trial Court shall be
released in favour of the respondent.
Sd/-
JUDGE
NR/-
