Karnataka High Court
M/S Hari Hara Filling Station vs Sir M Visveswaraya Co Opt Bank Ltd on 22 November, 2023
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CRL.RP No. 622 of 2022
NC: 2023:KHC:42117
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.622 OF 2022
BETWEEN:
M/S HARI HARA FILLING STATION,
REPRESENTED BY ITS PROPRIETOR,
SRI. SANTOSH J,
S/O SRI. JAIPAL,
AGED ABOUT 44 YEARS,
NO.386, 1ST FLOOR, 1ST STAGE, 6TH PHASE,
7TH CROSS, SRI.MANJUNATHA NAGAR,
OPPOSITE MANDOVI MOTORS, SHIVANAGAR,
BENGALURU - 560 010.
...PETITIONER
(BY SRI.CHANDRAPRABHA T S, ADVOCATE)
AND:
SIR M VISVESWARAYA CO-OPT BANK LTD.,
VIJAYANAGAR BRANCH,
Digitally signed NO.75, AMARJYOTHI NAGAR,
by MADHURI S NAGARABHAVI ROAD,
Location: High BENGALURU - 560 040,
Court of REPRESENTED BY ITS BRANCH CEO
Karnataka
SRI. B.A.SREEDHARA
...RESPONDENT
(BY SRI. C.S.SUDHIR, ADVOCATE FOR
SRI. G M SRINIVASAREDDY, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY
THE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
(C.C.H.NO.56), BENGALURU IN CRL.A.NO.2589/2018, DATED
24.03.2022 AND THE JUDGMENT PASSED BY THE III
ADDITIONAL JUDGE AND XXIX ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, AT BENGALURU DATED
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CRL.RP No. 622 of 2022
NC: 2023:KHC:42117
24.11.2018, IN C.C.NO.5897/2014 AND ACQUIT THE
PETITIONER/ACCUSED FROM THE ALLEGED OFFENCE, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused and respondent/complainant are
present.
Both learned counsel representing them are present.
2. I.A.No.1/2023 is filed by the both parties under
Section 147 of Negotiable Instruments Act, 1881, duly
signed by the Petitioner/accused and
respondent/complainant and their learned counsel. The
terms and conditions of compromise entered into between
the parties is read as under:
i) That, the Respondent herein has filed a
Complainant in C.C.No.5897/2014, against the
Appellant herein on the file of the III Additional
Judge and XXIX Additional Chief Metropolitan
Magistrate: At Bangalore, under section 200 of
Cr.P.C Read with section 138 of Negotiable
Instrument Act, alleging that the Cheque
bearing Number.106144, dated 18.09.2013, for
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Rs.21,00,000/-, drawn on Bank of India,
Bangalore Mid Corporate Banking (Peenya)
Branch, Bangalore issued by the Appellant
herein in favour of the respondent herein was
dishonored with an endorsement Payment
Stopped.
ii) That the Hon'ble III Additional Judge and XXIX
Additional Chief Metropolitan Magistrate: At
Bangalore, after recording the evidence and
hearing both the parties pleased to pass a
Judgment on 24.11.2018 Convicting the
accused for the offence punishable under
Section 138 of the N.I.Act and ordered to pay a
fine of Rs.42,00,000/-, in default to undergo
simple imprisonment for a period of One year.
iii) Being aggrieved by the Judgment passed by the
learned the III Additional Judge and XXIX
Additional Chief Metropolitan Magistrate: At
Bangalore, dated 24.11.2018, in
C.C.No.5897/2014, the petitioner herein has
preferred an Appeal in Crl.Apl.No.2589/2018 on
the file of the Hon'ble LV Additional City Civil
and Sessions Judge, (C.C.H-56), Bangalore, the
Hon'ble LV Additional City Civil and Sessions
Judge, (C.C.H.No.56), Bangalore pleased to
dismiss the said appeal on 24.03.2022.
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iv) Being aggrieved by the Judgment passed by the
Hon'ble LV Additional City Civil and Sessions
Judge (C.C.H.No.56), Bangalore in
Crl.Apl.No.2589/2018, dated 24.03.2022 and
the Judgment passed by the learned the III
Additional Judge and XXIX Additional Chief
Metropolitan Magistrate: At Bangalore, dated
24.11.2018, the Petitioner has preferred this
Revision Petition amongst the other Grounds:
v) The case of the Complainant in
C.C.No.5897/2014 is that the Cheque bearing
Number.106144, dated 18.09.2013, for
Rs.21,00,000/- drawn on Bank of India,
Bangalore Mid Corporate Banking (Peenya)
Branch, Bangalore issued by the Accused, the
Appellant towards part payment of the Terms
loan Account No.TL4/9 in favour of the
Respondent herein was dishonored with an
endorsement Payment Stopped.
vi) That the Petitioner has closed the said Loan
Account No.TL4/9 on 14.09.2022 by paying an
amount of Rs.2,30,00,000/- (Rupees Two Crore
Thirty Lakhs Only) under One Time Settlement.
Thereby the Petitioner and the Respondent have
settled their dispute Out of Court. The
respondent Bank has also issued a letter of
clearance dated 14.09.2022, in this regard.
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vii) That the Respondent Bank has no objection to
acquit the Accused, the Petitioner herein in
C.C.No.5897/2014 from the alleged offence and
to permit the Petitioner to withdraw the amount
of Rs.21,00,000/- deposited by him before the
Trial Court in obedience to the direction of this
Hon'ble Court.
Wherefore, it is prayed that this Hon'ble Court
be pleased to permit the parties to
Settle/Compound the dispute between them in
the above case and set aside the Judgment
passed by the learned the III Additional Judge
and XXIX Additional Chief Metropolitan
Magistrate: At Bangalore, dated 24.11.2018, in
C.C.No.5897/2014 and the Judgment passed by
the Hon'ble LV Additional City Civil and Sessions
Judge (C.C.H-56), Banagalore in
Crl.Apl.No.2589/2018, and acquit the Accused,
the Petitioner herein in C.C.No.5897/2014 and
permit the Petitioner to withdraw the amount of
Rs.21,00,000/- deposited by him before the
Trial Court in C.C.No.5897/2014 in obedience to
the direction of this Hon'ble Court in the interest
of equity and Justice.
3. In the light of the compromise entered into
between the parties, I proceed to pass the following:
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ORDER
i) I.A.No.1/2023 filed under Section 147 of
N.I.Act is hereby allowed.
ii) The Criminal Revision Petition is allowed.
iii) Impugned order dated 24.03.2022,
passed by the LV Additional City Civil and
Sessions Judge (CCH-56), Bengaluru in
Crl.A.No.2589/2018, confirming order of
conviction and sentence dated
24.11.2018, passed by the XXIX
Additional Chief Metropolitan Magistrate,
(SCCH-18) Bangaluru, in
C.C.No.5897/2014, are set aside.
Consequently petitioner/accused is
acquitted for the offence punishable
under Section 138 of Negotiable
Instrument Act.
iv) Bail bond of the accused and Sureties
bond shall stand cancelled.
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v) Petitioner/accused is permitted to
withdraw the amount in deposit before
the Trial Court.
Sd/-
JUDGE
ASN
