Karnataka High Court

Sri Asim Khan vs Sri Javeed Khan on 6 November, 2023

Bench: J.M.Khazi

                                             -1-
                                                        CRL.RP No. 157 of 2022
                                                            NC: 2023:KHC:39505




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 6TH DAY OF NOVEMBER, 2023

                                          BEFORE
                           THE HON'BLE MS JUSTICE J.M.KHAZI
                     CRIMINAL REVISION PETITION NO.157 OF 2022
                   BETWEEN:

                      SRI ASIM KHAN
                      S/O DOULA KHAN
                      AGED ABOUT 58 YEARS
                      R/AT 9/1, 2ND FLOOR, 1ST CROSS,
                      MARAPPA GARDEN, J C NAGAR
                      BENGALURU - 560 006
                                                                 ...PETITIONER
                   (BY SRI. MANOJ S N, ADVOCATE)

                   AND:

                      SRI JAVEED KHAN
                      S/O SRI GAFOOR KHAN
                      AGED ABOUT 32 YEARS
                      R/AT NO.B-241, 2ND CROSS
                      RAMAKRISHNA HEGDE NAGAR
Digitally signed      BENGALURU - 560 077
by MADHURI S
Location: High
Court of              NIL
Karnataka             WRONGLY SHOWN AS RESPONDENT

                      ACTUAL RESPONDENT
                      (M/S RAMS ENTERPRISES)
                      NO.302, EDEN PARK, 20
                      VITTAL MALYA ROAD
                      BENGALURU - 560 001
                      REPRESENTED BY ITS MANAGER
                      AND AUTHORISED REPRESENTATIVE
                      MR R PRUDVI KUMAR
                                                                ...RESPONDENT
                   (BY SRI. V.SURESH, ADVOCATE)
                                   -2-
                                           CRL.RP No. 157 of 2022
                                               NC: 2023:KHC:39505




     THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED    23.01.2021   PASSED   IN  CRL.A.NO.25295/2019
PENDING ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU
CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION
DATED 21.09.2019 PASSED IN C.C.NO.51487/2017 ON THE
FILE OF THE LEARNED XV ADDITIONAL JUDGE AND XXIII
ACMM, COURT OF SMALL CAUSES, MAYO HALL BE DISMISSED
AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE
COURT MAY DEEM FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF
JUSTICE.

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

                             ORDER

Petitioner, who is accused No.2 before the trial Court

is present.

2. One Manoj Kumar Gupta, representing

complainant/respondent - M/s Rams Enterprises is

present.

3. Both the learned counsel for the parties are also

present.

4. A joint memo along with application in

I.A.No.3/2023 under Section 320 Cr.P.C r/w Section 147

of N.I. Act is filed reporting the settlement. Today

CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

Sri.Manoj Kumar Gupta acknowledges receipt of Demand

Draft bearing No.331254 dated 04.11.2023 for a sum of

Rs.1,47,000/-. The terms and conditions of compromise

are as under:

"The Petitioner and respondent jointly state and pray as follows:

1. That, the Respondent instituted a Complaint before the Learned Magistrate U/s 200 of Cr.P.C. for the alleged offence 138 of N.I.Act against the Petitioner and another for having dishonored cheque Bearing No.182578, dated 10.03.2015 for Rs.15,00,000/- and a criminal case came to be registered in C.C.No.51487/2017 pending before the Court of XV Additional Judge, & 23rd ACMM, Court of Small Causes, Mayo Hall.

2. That, the Learned trial Court by an order and judgment dated 21.09.2019 convicted the Petitioner and another for the offence punishable U/s 138 of N.I. Act and imposed a fine of Rs.15,50,000/- and to undergo simple imprisonment for 30 days. Being aggrieved of the order and judgment dated 21.09.2019 passed in C.C.No.51487/2017, the Petitioner herein preferred an appeal before the Hon'ble Sessions Court and the same came to be registered as Criminal Appeal No.25295/2019, pending before the Court of 26th Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru.

3. That, the Hon'ble Sessions Court suspended the order dated 21.09.2019 in C.C.No.51487/2017 on the condition of deposit of 20% of the fine amount. The Petitioner accordingly vide DD

CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

No.546162, dated 09.01.2020 of Rs.1,55,000/- (One Lakh Fifty Five Thousand) and another DD No.546258, dated 26.02.2020 a sum of Rs.1,55,000/-(One Lakh Fifty Five Thousand) was remitted before the trial Court in C.C.No.51487/2017 on 09.01.2020 and 27.02.2020 respectively.

4. That, the 26th Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru dismissed the Crl.A.No.25295/2019 by an order and judgment dated 23.01.2021 by upholding the order of conviction dated 21.09.2019 in C.C.No.51487/2017 and the Petitioner challenging the said order has approached this Hon'ble Court by filing the above Revision Petition and the Petitioner in terms of the order dated 04.08.2023 have deposited 55% excluding the 20% already deposited i.e.,, 75% i.e., a sum of Rs.8,52,500/- before this Hon'ble Court.

5. The complainant and accused jointly submit that at the intervention of the well-wishers, friends and elders of both the parties, the matter has been settled amicably and the Respondents have agreed to receive a sum of Rs.13,09,500/- (Thirteen Lakhs Nine Thousand and Five Hundred only) from the Petitioner/Accused as a onetime settlement which is inclusive of Rs.3,10,000/- (Three Lakhs Ten Thousand Rupees) and Rs.8,52,500/- (Eight Lakhs Fifty-Two Thousand and Five Hundred Only) which is deposited before the learned Trial Court in C.C.No.51487/2017 and before this Hon'ble Court and the remaining amount of Rs.1,47,000/- (One Lakh Forty-Seven Thousand only) is paid through DD i.e., DD No.331254, dated 04/11/2023, issued by Canara Bank.

CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

6. The complainant shall return all the original documents received from the accused after the competition of entire payment and that, the Respondent is hereby acknowledge that, the Petitioner has no other legally payable debt/outstanding balance and that, the Petitioner has no objections in the Respondent withdrawing the amount of Rs.3,10,000/- (Three Lakhs Ten Thousand Rupees) which is deposited before the Learned Trial Court in C.C.No.51487/2017.

7. That, the Complainant/Respondent has also instituted another complaint in C.C.No.51397/2015 and the trial Court by an order and judgment dated 21.02.2019 convicted the Petitioner and another herein for an offence U/s 138 of N.I. Act and imposed a penalty of Rs.2,30,000/- and the Petitioner herein preferred a Criminal Appeal in Crl.A.No.25071/2019 and the same came to be dismissed by an order and judgment dated 24.02.2021 and the Petitioner preferred a Revision Petition before the Hon'ble Court in Criminal Revision Petition No.153/2022 and the Petitioner and the Respondent/Complainant have agreed to settle the matter for an amount of Rs.1,46,000/- on the condition that the Petitioner shall remit a sum of Rs.1,46,000/- i.e., a sum of Rs.46,000/- which has been deposited before the Trial Court and a further sum of Rs.1,00,000/- would be paid before this Hon'ble Court and it is agreed that, the same amount would be paid within two months from 06.11.2023.

Wherefore the complainant and the accused jointly pray before the Hon'ble Court to pass orders according to the agreement entered by both the parties and dispose off the case accordingly in the interest of justice and equity."

CRL.RP No. 157 of 2022 NC: 2023:KHC:39505

5. Both the parties admits the compromise and

execution. The compromise is legal and equitable and the

same is accepted.

6. In the light of the compromise entered into

between the parties, the following:

ORDER

(i) The Criminal Revision Petition is allowed

and permission is granted to compound the

offence. Consequently, I.A.No.3/2023 is

also allowed.

(ii) The impugned judgment and order dated

21.09.2019 in C.C.No.51487/2017 and

judgment and order dated 09.01.2020 in

Crl.A.No.25295/2019 are set aside.