Karnataka High Court
Sri P Ganesh vs Sri C V Suresh Babu on 21 November, 2023
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CRL.RP No. 1216 of 2022
NC: 2023:KHC:41761
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.1216 OF 2022
BETWEEN:
SRI P GANESH
S/O RAMA POOJARY
AGED ABOUT 40 YEARS
R/AT NO.150, 14TH CROSS
ASHOK ANGAR, GANGAMMA LAYOUT
BANASAHANKARI, 1ST STAGE
BENGALURU - 560 050
...PETITIONER
(BY SRI. ANIL KUMAR D, ADVOCATE)
AND:
SRI C V SURESH BABU
S/O SRI VENKATESH
AGED ABOUT 48 YEARS
R/AT NO.1126, 9TH CROSS
Digitally signed by ASHOKANAGAR, BANASHANKARI 1ST STAGE
MADHURI S
Location: High BENGALURU - 560 050
Court of Karnataka ...RESPONDENT
(BY SRI. KRISHNA MURTHY J S, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO a) SET ASIDE THE JUDGMENT PASSED IN
CRL.APPEAL NO.216/2022 DATED 25.08.2022 PASSED BY LIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY BY CONFIRMING THE CONVICTION ORDER DATED
10.01.2022 AND SENTENCE PASSED IN C.C.NO.26916/2018 BY
THE XVI ACMM, BENGALURU; b) GRANT SUCH OTHER AND
FURTHER RELIEFS AS THIS HON'BLE COURT MAY BE PLEASED
TO GRANT IN THE FACTS AND CIRCUMSTANCE OF THE CASE,
IN THE INTEREST OF JUSTICE.
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CRL.RP No. 1216 of 2022
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THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused and respondent/complainant are
present.
Both learned counsel for the petitioner and learned
counsel for the respondent are present.
2. I.A.No.3/2023 is filed under Section 147 of
N.I.Act r/w 320 of Cr.P.C. along with affidavit, reporting
the compromise and stating that the matter is settled
between the parties. The terms read as under:
"1. The Respondent / Complainant has
filed a complaint against the Petitioner/Accused
for an offence punishable under section 138 of
N.I.act for the dishonor of cheque bearing
No.514988 dated 19.07.2018, drawn on Indus
Ind Bank, Basavanagudi Bank, Bengaluru for a
sum of Rs.5,00,000/- (Rupees Five Lakhs
Only), the said cheque has been dishonored on
21.07.2018, after dishonour of the above said
cheque the Complainant has issued a legal
notice on 30.07.2018 and the Complaint has
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been filed before the Hon'ble 16th Additional
Chief Magistrate Court at Bengaluru, after full
pledged trial the Hon'ble court has convicted
the Accused / Petitioner herein on 10.01.2022
and passed a judgment and Accused is
sentence to pay a fine amount of Rs.5,15,000/-
(Rupees Five Lakhs Fifteen Thousand Only), in
default he shall undergo simple imprisonment
for a period of three months and out of the fine
amount on recovery amount of Rs.5,10,000/-
(Rupees Five Lakhs Ten Thousand only) shall
be paid to the Complainant as a compensation
and remaining Rs.5,000/- shall be defrayed as
prosecution expenses to the state.
2. Aggrieved by the said order the
Petitioner/Accused has filed a criminal Appeal
before the Hon'ble City Civil and Sessions
Judge at Bengaluru, in Crl. Appeal No.216/2022
in the said appeal is dismissed by the Hon'ble
Appellate / Sessions court on 25.08.2022 by
confirming the conviction order of sentence in
C.C.No.26916/2018, dated 10.01.2022 on the
file of the 16th ACMM is confirmed, aggrieved
by the said orders the Petitioner herein has
preferred Crl. Revision Petition before this
Hon'ble Court.
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3. At the intervention of elders and
well-wishers of both the parties, the dispute
between Petitioner and the Respondent have
been settled amicably in the following manner.
4. That the above case has been
settled amicably between the parties, the
Petitioner has agreed to pay a sum of
Rs.3,70,000/- (Rupees Three Lakhs Seventy
Thousand Only) as a full and final settlement to
the Respondent in the following manner:
i) The Petitioner has agreed and paid a
sum of Rs.2,00,000/- (Rupees Two Lakhs Only)
out of that sum of Rs.1,60,000/- (Rupees One
Lakh Sixty Thousand Only) has been paid by
way of D.D. bearing No.816081, Dated:
04.09.2023, Drawn on State Bank of India,
BSK 3rd Stage Branch, Bengaluru and a sum of
Rs.40,000/- (Rupees Forty Thousand Only) has
been paid by way of Cash and the Respondent
has acknowledges for receipt of the said sum
from the Petitioner.
ii) The Petitioner has agreed to pay
remaining balance amount of Rs.1,70,000/-
(Rupees Onle Lakh Seventy Thousand Only) in
two installments i.e.,
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a) Rs.85,000/- (Rupees Eighty Five
Thousand Only) on 10.10.2023 by way of Bank
Transfer or Cash.
b) Rs.85,000/- (Rupees Eighty Five
Thousand Only) on 10.11.2023 by way of Bank
Transfer or Cash.
5. If the Petitioner failed to pay the
single installment as stated above, the
Petitioner will be punished under section 138 of
N.I.Act, and also the Respondent is at liberty to
recover the balance amount and also take
appropriate legal action against the Petitioner
as per law.
Wherefore, the Petitioner and Respondent
respectfully submit that, this Hon'ble Court
may be pleased to take this Joint Memo on
record and pass the judgment order in terms of
the Joint Memo accordingly, in the interest of
justice."
3. When the application was filed on 08.09.2023,
the last installment was due and now the same is also
paid. The application is duly signed by both the parties and
their learned counsel.
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4. In the light of the compromise entered into
between the parties, I proceed to pass the following:
ORDER
i) I.A.No.3/2023 filed under Section 147 of
N.I.Act r/w 320 of Cr.P.C is hereby
allowed.
ii) The Criminal Revision Petition is allowed.
iii) Impugned order dated 25.08.2022 in
Crl.A.No.216/2022 passed by the LIX
Additional City Civil and Sessions Judge,
Bengaluru, confirming the judgment and
order dated 10.01.2022, passed by the
XVI Addl. Chief Metropolitan Magistrate,
Bengaluru City in C.C.No.26916/2018,
are set aside.
iv) Consequently petitioner/accused is
acquitted for the offence punishable
under Section 138 of Negotiable
Instrument Act.
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v) Bail bond of the accused and Surety bond
shall stand cancelled.
Sd/-
JUDGE
MDS
