Karnataka High Court
Mr N Venkatesh vs Mr M Mohan on 16 January, 2023
Bench: R. Nataraj
-1-
CRL.RP No. 1058 of 2018 C/W
CRL.RP No. 1059 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL REVISION PETITION NO. 1058 OF 2018
C/W
CRIMINAL REVISION PETITION NO. 1059 OF 2018
IN CRL.RP NO.1058/2018
BETWEEN:
MR. N. VENKATESH
S/O MR.NARASIMHAIAH,
R/AT NO.44, 33RD MAIN
NARASIMHASWAMY BADAVANE,
JAI MARUTHI NAGAR, NANDINI LAYOUT,
BANGALORE-560 096.
...PETITIONER
(BY SRI. KESHAVA MURTHY B.,ADVOCATE)
AND:
MR. BASAVALINGARAJU M.G. @ BABU
S/O LATE GOPAL,
R/AT NO.38, 12TH CROSS,
Digitally
BHOVIPALYA, MAHALAKSHMIPURAM,
signed by BANGALORE-560 086.
SUMA
Location:
HIGH COURT ...RESPONDENT
OF
KARNATAKA
CRL.RP No. 1058 of 2018 C/W
CRL.RP No. 1059 of 2018
(BY SRI. V.PRABHAKAR, ADVOCATE)
THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE
JUDGMENT DATED 02.11.2016 PASSED BY THE XIX
ADDL.C.M.M., BENGALURU IN C.C.NO.27010/2014 WHICH
IS CONFIRMED BY THE JUDGMENT DATED 05.09.2018
PASSED BY THE LV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU IN CRL.A.NO.1374/2016
AND ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S
138 OF N.I. ACT.
IN CRL.RP NO.1059/2018
BETWEEN:
MR N VENKATESH
S/O MR.NARASIMHAIAH,
R/AT NO.44, 33RD MAIN,
NARASIMHASWAMY BADAVANE,
JAI MARUTHI NAGAR, NANDINI LAYOUT,
BANGALORE-560 096.
...PETITIONER
(BY SRI. KESHAVA MURTHY B.,ADVOCATE)
AND:
MR M MOHAN
S/O LATE B.A.MUNIKRISHNA,
R/AT NO.264/11, 9TH MAIN,
8TH CROSS, SAMPANGIRAM NAGAR,
BANGALORE-560 027.
...RESPONDENT
CRL.RP No. 1058 of 2018 C/W
CRL.RP No. 1059 of 2018
(BY SRI. V. PRABHAKAR, ADVOCATE)
THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE
JUDGMENT DATED 02.11.2016 PASSED BY THE XIX
ADDL.C.M.M., BENGALURU IN C.C.NO.27009/2014 WHICH
IS CONFIRMED BY THE JUDGMENT DATED 05.09.2018
PASSED BY THE LV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, (CCH-56), BENGALURU IN
CRL.A.NO.1373/2016 AND ACQUIT THE PETITIONER FOR
THE OFFENCE P/U/S 138 OF N.I. ACT.
THESE PETITIONS ARE COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER IN CRL.RP NO.1058/2018
This revision petition is filed challenging the impugned
judgment of the trial Court and the appellate Court convicting
the petitioner for offence punishable under Section 138 of
Negotiable Instruments Act and the consequent sentence.
2. When the revision petition was listed for admission,
the parties have settled the dispute and have filed an
application under Section 147 of the Negotiable Instruments
Act. In terms of the settlement, the petitioner has agreed to
pay and the respondent has agreed to receive a sum of
Rs.2,75,000/- (Rupees Two Lakh Seventy Five Thousand only)
CRL.RP No. 1058 of 2018 C/W
CRL.RP No. 1059 of 2018
towards full and final settlement of the dispute arising out of
the cheque in question. As a result, the petitioner has no
objection for release of a sum of Rs.25,000/- deposited before
the trial court in C.C NO.27010/2014. The petitioner has this
day paid a sum of Rs.1,00,000/-, the receipt of which is
acknowledged by the respondent. The balance of Rs.1,50,000/-
shall be paid by or before 28.04.2023. The respondent has no
objection to compound the offence against the petitioner by
accepting the settlement.
3. In that view of the matter, subject to the petitioner
paying up Rs.1,50,000/- before 28.04.2023, this revision
petition is allowed. Consequently, the judgment of conviction
dated 02.11.2016 passed by XIX Additional Chief Metropolitan
Magistrate at Bengaluru City in C.C.No.27010/2014 and the
judgment dated 05.09.2018 passed by 55th Additional City Civil
and Sessions Judge, Bengaluru in Crl.A No.1374/2016 are set
aside. The amount in deposit before the trial Court shall be
released in favour of the respondent. It is made clear that in
the event of the petitioner failing to comply with the promise
made to the respondent in the application under Section 147 of
CRL.RP No. 1058 of 2018 C/W
CRL.RP No. 1059 of 2018
the N.I. Act, the respondents will be entitled to seek revival of
this revision petition.
ORDER IN Crl.RP No.1059/2018
This revision petition is filed challenging the impugned
judgment of the trial Court and the appellate Court convicting
the petitioner for offence punishable under Section 138 of
Negotiable Instruments Act and the consequent sentence.
2. When the revision petition was listed for admission,
the parties have settled the dispute and have filed an
application under Section 147 of the Negotiable Instruments
Act. In terms of the settlement, the petitioner has agreed to
pay and the respondent has agreed to receive a sum of
Rs.3,00,000/- (Rupees Three Lakh only) towards full and final
settlement of the dispute arising out of the cheque in question.
As a result, the petitioner has no objection for release of a sum
of Rs.30,000/- deposited before the trial court in C.C
NO.27009/2014. the petitioner has this day paid a sum of
Rs.1,00,000/-, the receipt of which is acknowledged by the
respondent. The balance of Rs.1,50,000/- shall be paid by or
before 28.04.2023. The respondent has no objection to
CRL.RP No. 1058 of 2018 C/W
CRL.RP No. 1059 of 2018
compound the offence against the petitioner by accepting the
settlement.
3. In that view of the matter, subject to the petitioner
paying up Rs.1,50,000/- before 28.04.2023, this revision
petition is allowed. Consequently, the judgment of conviction
dated 02.11.2016 passed by XIX Additional Chief Metropolitan
Magistrate at Bengaluru City in C.C.No.27009/2014 and the
judgment dated 05.09.2018 passed by 55th Additional City Civil
and Sessions Judge, Bengaluru in Crl.A No.1373/2016 are set
aside. The amount in deposit before the trial Court shall be
released in favour of the respondent. It is made clear that in
the event of the petitioner failing to comply with the promise
made to the respondent in the application under Section 147 of
the N.I. Act, the respondents will be entitled to seek revival of
this revision petition.
Sd/-
JUDGE
HB/-
