Karnataka High Court
Mr K T Francis vs Sri B G Keshava Reddy on 23 February, 2024
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NC: 2024:KHC:7653
CRL.RP No. 642 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 642 OF 2023
BETWEEN:
MR. K.T. FRANCIS,
S/O THOMOS,
AGED ABOUT 57 YEARS,
RESIDING AT NO. 89/3,
OPP: BANASHANKARI THEATRE,
HONGASANDRA, BEGUR MAIN ROAD,
BENGALURU - 560 068.
...PETITIONER
(BY SRI. KRISHNA B.J, ADVOCATE)
AND:
SRI. B.G. KESHAVA REDDY,
S/O LATE B. GOPAL REDDY,
Digitally AGED ABOUT 46 YEARS,
signed by
SUDHA S RESIDING AT NO. 95,
Location:
HIGH COURT GARE PALYA MAIN ROAD,
OF
KARNATAKA HONGASANDRA,
BENGALURU SOUTH TALUK,
BENGALURU - 560 068.
...RESPONDENT
(BY SRI. U. PRASANNA KUMAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CRIMINAL PROCEDURE CODE
PRAYING TO SET ASIDE THE IMPUGNED AND CONVICTION
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CRL.RP No. 642 of 2023
ORDER AND JUDGMENT PASSED IN CRL.A.NO.607/2022,
DATED 04.03.2023 BY THE HONBLE LVI ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU AND ALSO
IMPUGNED CONVICTION ORDER AND JUDGMENT PASSED IN
C.C.NO.3781/2018, DATED 31.03.2022 BY THE HONBLE XIX
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT
BENGALURU CITY WHICH HAS CONVICTED THE
ACCUSED/PETITIONER FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF THE N.I ACT AND CONSEQUENTLY ACQUIT
THE PETITIONER FOR SAID OFFENCE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Learned counsel for the respective parties filed an
application under Section 147 of the Negotiable
Instruments Act read with Section 320 of Cr.P.C., The
averments made in the said application at paragraphs 1, 2
and 3 are reads as under :
(i) That the learned XIX ACMM Bengaluru has
convicted the accused for the offence punishable
under section 138 of N. I. Act., in CC
No.3781/2018, dated: 31-03-2022, by sentenced to
pay a fine of Rs. 35,10,000/-, In default of payment
of fin, the accused shall undergo Simple
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Imprisonment for period of One year. But the
cheque amount is Rs. 28,00,000/-, against which
the accused / petitioner herein has filed Crl. Appeal
before the Hon'ble LVI Addl. City Civil and Sessions
Judge, Bengaluru (CCH-57) in Crl. Appeal No.
607/2022, but, the same is dismissed on 04-03-
2023 by confirmed the judgment passed by the
learned trail court, against which the petitioner /
accused has preferred above Crl. Rev. Petition
before this Hon'ble Court.
(ii) It is further submits that, as per the directions of
the learned LVI Adl. City Civil and Sessions Judge,
Bengaluru the accused/petitioner herein has
deposited 15% fine amount of Rs.5,26,500/-
(Rupees Five Lakhs Twenty Six Thousand Only) on
20.07.2022, the said amount is already withdrawn
by the complainant/respondent and thereafter the
accused/appellant paid Rs.20,00,000/- (Rupees
Twenty Lakhs only) through an account/RTGS to
the complainant/respondent and today the
accused/ petitioner has paid Rs.10,00,000/-
(Rupees Ten Lakhs only) through DD No.000053,
dated 21.02.2024 drawn on AXIS BANK LTD., in
favour of the complainant/respondent herein and
today same is handed over to respondent herein.
(iii) It is further submits that petitioner respectfully
prays that this Hon'ble Court be pleased to set-side
the sentence passed by the learned XIX A CM Mat
Bengaluru in C C No. 3781/2018, dated: 31-03-
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2022 for the offence punishable under section 138
of N I Act, and consequently acquit the accused /
petitioner herein for the offence punishable able
under section 138 of NI Act, since the respondent
has received the entire fine amount of Rs.
35,26,500/- from the petitioner and the respondent
has no objection to acquit the petitioner/ accused in
the above case.
2. On reading of the averments made in the said
application, being satisfied and it is also needless to say
that the alleged offence punishable under Section 138 of
N.I. Act is compoundable in nature, there is no embargo
for this Court to record the compromise. Accordingly, I
proceed to pass the following :
ORDER
(i) The Criminal Revision Petition is disposed of in
terms of the compromise.
(ii) The Judgment of Conviction and Order of
sentence dated 31.03.2022 passed in C.C.No.3781/2018,
by the Honble XIX Additional Chief Metropolitan
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Magistrate, at Bengaluru City and Judgment dated
04.03.2023 passed in Crl.A.No.607/2022, by the Honble
LVI Additional City Civil and Sessions Judge, Bengaluru
are hereby set-aside.
Sd/-
JUDGE
SNC
CT: BHK
