T vs Motor Company Limited V/S Mr. K V ...
2023 Latest Caselaw 7059 Kant

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                                                        NC: 2023:KHC:36325
                                                   CRL.RP No. 691 of 2017




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 6TH DAY OF OCTOBER, 2023

                                        BEFORE
                THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                 CRIMINAL REVISION PETITION NO. 691 OF 2017


             Between:

             TVS Motor Company Limited
             A Company registered under the
             Provisions of the Companies Act, 1956,
             Having its Registered Office at V Floor,
             "Jayalakshmi Estate", No.29, Haddows Road,
             Chennai-600 006.
             Represented by its Authorised
             Representative Mr.R.Murali,
             Vice-President (Legal)
                                                                 ...Petitioner
             (By Sri. Yanni, Advocate for
                 Sri. Sundararaman M.V., Advocate)

Digitally    And:
signed by
RENUKAMBA
KG           Mr. K.V.Arun,
Location:    Son of Mr.K.P.Gopinathan,
HIGH COURT
OF           Aged about 41 years,
KARNATAKA    Residing at No.3, G-Floor,
             3rd 'A' Cross, Akkaiahamma Layout,
             Opp. New Baldwin School,
             Banaswadi, Bengaluru-560043.
                                                              ...Respondent
             (By Sri. N.Krishnappan, Advocate)

                   This Crl.RP. is filed under section 397 read with 401
             Cr.P.C. praying to set aside the order dated 17.04.2017 passed
             by the LXII Additional City Civil and Sessions Judge, Bengaluru
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                                                 NC: 2023:KHC:36325
                                            CRL.RP No. 691 of 2017




in Crl.A.No.780/2016 vide Annexure-A by allowing the above
Crl.A. And etc.

    This Crl.RP. coming on for admission, this day, the court
made the following:

                              ORDER

The authorized representative of revision

petitioner/complainant and respondent are present.

Respective counsels are also present.

2. The parties have submitted the joint

compromise petition under Section 147 of the Negotiable

Instruments Act, 1881, ('N.I Act' for short) reporting the

settlement by filing a joint affidavit by seeking

compounding of the offence.

3. It is submitted that in pursuance of the liability

under the disputed cheque, the property was conveyed by

executing a sale deeds and hence liability stands satisfied.

4. The contents of compromise are read over and

explained to the parties in the presence of their respective

NC: 2023:KHC:36325 CRL.RP No. 691 of 2017

counsels and they admit the contents to be true and

correct.

5. I am satisfied that parties have settled the

dispute amicably without any threat or coercion. The

compromise is not against any settled principles of law.

Hence, application filed under Section under Section 147

of the N.I. Act needs to be allowed and accordingly, I

proceed to pass the following:

ORDER

i. The application filed under Section 147 of N.I Act is

allowed.

ii. The impugned judgment in C.C.3111/2013 passed

by XXVII Additional Chief Metropolitan Magistrate,

Bengaluru, dated 16.3.2016 and confirmed by the

learned LXII Additional City Civil and Sessions

Judge, Bengaluru City, in Crl.A.No. 780/2016 dated

17.4.2017 are set aside.

NC: 2023:KHC:36325 CRL.RP No. 691 of 2017

iii. The accused stands acquitted for the offence

punishable under Section 138 of the N.I. Act and he

is set at liberty forthwith.

iv. The bail bonds executed by the accused shall stand

cancelled.

v. The joint compromise petition shall form part of this

order.

Sd/-

JUDGE

CKL List No.: 1 Sl No.: 12.1