Karnataka High Court
Sri. J Mahendran vs Sri. C Saravanakumar on 4 April, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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CRL.RP No. 331 of 2024
C/W CRL.RP No. 345 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 331 OF 2024
C/W
CRIMINAL REVISION PETITION NO. 345 OF 2024
IN CRIMINAL REVISION PETITION NO. 331 OF 2024:
BETWEEN:
1. SRI. J. MAHENDRAN
S/O SRI JAYARAMAN
AGED ABOUT 59 YEARS
PROPRIETOR OF SLN EXPORT
NARAYANAPURAM MYLAMBADI POST
BHAVANI TALUK, ERODE DISTRICT
TAMILNADU STATE-638301.
...PETITIONER
(BY SRI. SRIKANTH A & MR. V. ACHAR, ADVOCATES)
Digitally signed
by SHARANYA T AND:
Location: HIGH
COURT OF
KARNATAKA 1. SRI. N. KRISHNAMURTHY
A/O SRI B. NANJUNDEGOWDA
AGED ABOUT 65 YEARS
R/O MUSHKERE VILLAGE
KASABA HOBLI
H.D. KOTE TALUK
MYSURU DISTRICT-571114.
...RESPONDENT
(BY SRI R.LOKESH, ADVOCATE)
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CRL.RP No. 331 of 2024
C/W CRL.RP No. 345 of 2024
THIS CRL.RP IS FILED U/S.397 R/W OF 401 CR.P.C
PRAYING TO SETTING ASIDE THE JUDGMENT AND ORDER OF
CONVICTION AND SENTENCE DATED 28.12.2023 IN
CRL.A.NO.301/2023 PASSED BY THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, MYSURU CONFIRMING THE JUDGMENT
AND ORDER OF CONVICTION AND SENTENCE DATED
31.07.2023 PASSED BY THE CIVIL JUDGE AND JMFC AT
HEGGADADEVANAKOTE IN C.C.NO.531/2018 IN RESPECT OF
OFFENCE P/US/.138 OF NI ACT AND THE PETITIONER MAY
KINDLY BE ACQUITTED.
IN CRIMINAL REVISION PETITION NO. 345 OF 2024:
BETWEEN:
1. SRI. J. MAHENDRAN
S/O SRI JAYARAMAN
AGED ABOUT 59 YEARS
PROPRIETOR OF SLN EXPORT
NARAYANAPURAM MYLAMBADI POST
BHAVANI TALUK, ERODE DISTRICT
TAMILNADU STATE-638301.
...PETITIONER
(BY SRI. SRIKANTH A & MR. V. ACHAR, ADVOCATES)
AND:
1 . SRI. C. SARAVANAKUMAR
A/O SRI CHANNANAYAKA
AGED ABOUT 43 YEARS
R/O UDAYANAGARA VILLAGE
KASABA HOBLI,
H.D. KOTE TALUK
MYSURU DISTRICT-571114
...RESPONDENT
(BY SRI R.LOKESH, ADVOCATE)
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NC: 2024:KHC:14321
CRL.RP No. 331 of 2024
C/W CRL.RP No. 345 of 2024
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
DATED 28.12.2023 IN CRL.A.NO.300/2023 PASSED BY THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU
CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION
AND SENTENCE DATED 31.07.2023 PASSED BY THE CIVIL
JUDGE AND J.M.F.C., HEGGADADEVANAKOTE IN
C.C.NO.530/2018 IN RESPECT OF OFFENCE P/U/S 138 OF N.I.
ACT AND THE PETITIONER MAY KINDLY BE ACQUITTED.
THESE PETITIONS, COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The counsel Sri.R.Lokesh files Vakalath for
respondent in both the revision petitions.
2. In Crl.R.P.No.331/2024, the learned counsel for
revision petitioner has filed an application under Section
147 of NI Act along with joint affidavit and also joint
memo. In terms of the joint memo, the revision petitioner
has paid an amount of Rs.7,98,290/- (Rupees Seven Lakh
Ninety Eight Thousand Two Hundred and Ninety rupees
only) before this Court to the complainant/respondent
through demand draft bearing No.131847 dated
03.04.2024. Though the Cheque for amount of
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Rs.18,00,000/-, it is settled for an amount of
Rs.11,61,290/- and 20% of Cheque amount which is
already deposited before the lower Court. The revision
petitioner submits that he has no objection to withdraw
the amount by the respondent which is in deposit before
the Trial Court i.e., 20% of the Cheque amount.
3. The Trial Court while passing a sentence,
directed to pay an amount of Rs.18,15,000/- and in
default the accused shall undergo a simple imprisonment
for a period of 6 months. In view of the settlement arrived
between the parties, question of undergoing any default
sentence also does not arise. However, the Trial Court
directed to deposit an amount of Rs.5,000/- to State.
Hence, the revision petitioner is directed to deposit the
fine amount of Rs.5,000/- before the Trial Court within two
week from today. The revision petitioner is also directed to
produce the receipt for having paid an amount of
Rs.5,000/- within two weeks before the Registry. If the
revision petitioner does not produce the receipt for having
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paid an amount of Rs.5,000/- before the Registry, revive
this petition.
4. The counsel appearing for the revision
petitioner also submits that he has deposited an amount
as cash surety before the Trial Court, if such payment is
made, ordered to release the same in favour of the
revision petitioner on proper identification.
6. In Crl.R.P.No.345/2024, both the counsel for
respective parties are present.
7. The learned counsel for revision petitioner has
filed an application under Section 147 of NI Act along with
joint affidavit and also joint memo. In terms of the joint
memo, the revision petitioner has paid an amount of
Rs.5,78,709.68/- before this Court to the
complainant/respondent through demand draft bearing
No.131846 dated 02.04.2024. Though the Cheque for
amount of Rs.13,00,000/-, it is settled for an amount of
Rs.8,38,709.68/- and 20% of Cheque amount which is
already deposited before the lower Court. The revision
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petitioner submits that he has no objection to withdraw
the amount by the respondent which is in deposit before
the Trial Court i.e., 20% of the Cheque amount.
3. The Trial Court while passing a sentence,
directed to pay an amount of Rs.13,10,000/- and in
default the accused shall undergo a simple imprisonment
for a period of 6 months. In view of the settlement arrived
between the parties, question of undergoing any default
sentence also does not arise. However, the Trial Court
directed to deposit an amount of Rs.5,000/- to State.
Hence, the revision petitioner is directed to deposit fine
amount of Rs.5,000/- before the Trial Court within two
week from today. The revision petitioner is also directed to
produce the receipt for having paid an amount of
Rs.5,000/- within two weeks before the Registry. If the
revision petitioner does not produce the receipt for having
paid an amount of Rs.5,000/- before the Registry, revive
this petition.
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4. The counsel appearing for the revision
petitioner submits that he has deposited an amount as
cash surety before the Trial Court, if such payment is
made, ordered to release the same in favour of the
revision petitioner on proper identification.
Sd/-
JUDGE
RHS
