P V Muniraju vs K V Ramakrishna Reddy
2024 Latest Caselaw 10485 Kant

Karnataka High Court

P V Muniraju vs K V Ramakrishna Reddy on 16 April, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                   -1-
                                                                NC: 2024:KHC:15118
                                                           CRL.RP No. 1524 of 2016




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 16TH DAY OF APRIL, 2024

                                                BEFORE
                         THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                           CRIMINAL REVISION PETITION NO. 1524 OF 2016
                        BETWEEN:

                            P.V. MUNIRAJU,
                            S/O VENKATARAVANAPPA,
                            AGED ABOUT 40 YEARS,
                            R/AT PILLAKUNTA VILLAGE,
                            MANIGANAHALLI POST,
                            RONOOR HOBLI,
                            SRINIVASAPURA TALUK,
                            KOLAR DISTRICT - 563 135.
                                                                     ...PETITIONER
                        (BY SRI. PRAVEEN C.P., ADVOCATE)

                        AND:

                            K.V. RAMAKRISHNA REDDY,
Digitally signed by B       S/O K.B. VENKATA REDDY,
K
MAHENDRAKUMAR               AGED ABOUT 48 YEARS,
Location: High
Court of Karnataka          R/AT KODIGAL VILLAGE & POST,
                            MUNGANAHALLI HOBLI,
                            CHINTAMANI TALUK,
                            CHIKKABALLAPURA DISTRICT - 563 125.
                                                                    ...RESPONDENT
                        (BY SRI. M.C. JAYAKIRTHI, ADVOCATE)

                             THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
                        PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE
                        DATED 5.3.2016 PASSED BY THE ADDL. C.J. AND J.M.F.C.,
                        CHINTAMANI IN C.C.NO.1213/2014 AND ALSO DATED
                        17.10.2016 PASSED BY THE II ADDL. DIST. AND S.J.,
                                       -2-
                                                      NC: 2024:KHC:15118
                                              CRL.RP No. 1524 of 2016




CHICKBALLAPUR     (SITTING   AT    CHINTHAMANI)                           IN
CRL.A.NO.31/2016 AND FURTHER ACQUIT THE APPELLANT.

     THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
                                   ORDER

The petitioner-accused, who is convicted for the offence punishable under Section 138 of Negotiable Instruments Act, and sentenced to pay a cheque amount of Rs.1,50,000/-, failing which, the petitioner was sentenced to undergo simple imprisonment, for a period of one year, is before this Court.

2. On 05.03.2024, the learned counsel for the petitioner- accused handed over a sum of Rs.1,00,000/- to the complainant. The receipt of which is duly acknowledged by the complainant.

3. Today, learned counsel for the petitioner-accused, on instructions, submitted that the petitioner-accused has handed over balance amount of Rs.50,000/- to the complainant, who is present before this Court. The receipt of which duly acknowledged. The petitioner-accused having paid the entire cheque amount, the impugned judgment and order of conviction and sentence requires to be set aside. Accordingly, I pass the following:

ORDER

i) The Criminal Revision Petition is allowed.

NC: 2024:KHC:15118

ii) The impugned judgment and order of conviction and sentence dated 05.03.2016 passed by the Additional Civil Judge and JMFC, Chintamani in C.C.No.1213/2014 and the judgment dated 17.10.2016 passed by the II Additional District and Sessions Judge, Chikkaballapur, (sitting at Chinthamani) in Criminal Appeal No.31/2016 are hereby set aside.

iii) The petitioner-accused is acquitted of the aforesaid offence.

Sd/-

JUDGE

MKM