Karnataka High Court
Sri. Dharmaraj vs Sri. H B Manjunatha on 30 May, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:18408
CRL.RP No. 592 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 592 OF 2024
BETWEEN:
SRI. DHARMARAJ
S/O GOVINDA SHETTY
AGED ABOUT 42 YEARS
PROPRIETOR OF LIFE TECH COMPUTERS,
BESIDE TAJ HOTEL, I.G. ROAD,
CHIKKAMAGALURU CITY - 577 101,
RESDING AT KEREHARA,
SIRAVASE POST, CHIKKAMAGALURU TALUK,
CHIKKAMAGALURU - 577 130.
...PETITIONER
(BY SRI. NAGARAJA K.G., ADVOCATE)
AND:
Digitally SRI. H.B. MANJUNATHA,
signed by R
MANJUNATHA S/O BYRE GOWDA,
Location:
HIGH COURT AGED ABOUT 45 YEARS,
OF BUSINESSMAN,
KARNATAKA
R/O KUDUVALLI VILLAGE AND POST,
CHIKMAGALURU TALUK - 577 130
...RESPONDENT
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION DATED 140 OF 2014 PASSED BY THE I
ADDITIONAL CIVIL JUDGE AND JMFC AT CHIKKAMAGALURU
-2-
NC: 2024:KHC:18408
CRL.RP No. 592 of 2024
FOR THE OFFENCE P/US/ 138 OF NI ACT AND ALSO SET ASIDE
THE ORDER DATED 26.02.2024 PASSED IN
CRL.A.NO.182/2023 ON THE FILE OF THE III ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU
WHERE THE APPELLANT COURT HAS CONFIRMED THE ORDER
OF CONVICTION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed an application
under Section 147 of NI Act read with Section 320 of Code of
Criminal Procedure, which reads as under:
1. It is submitted that; the respondent herein
had filed the case against the petitioner for
the offence punishable under section 138 of
N.I Act in C.C.No.140 of 2014 before the I
Addl. Civil Judge and JMFC at
Chikkamagaluru. After hearing the both side
the Trial Court has passed the judgment and
convicted the petitioner on 08.09.2023 for
the offence punishable under section 138 of
Negotiable Instruments Act and directed to
pay sum of Rs.3,00,000/- as compensation to
the respondent. In default the petitioner
shall undergo simple imprisonment for period
of 6 months. Out of compensation amount
Rs.5,000/- which will be remitted to the
state.
NC: 2024:KHC:18408
2. It is submitted that, being aggrieved by the
judgment in C.C.No.140 of 2014, dated
08.09.2023, the petitioner preferred an
appeal before II Addl. District and Sessions
Judge, Chikkamagaluru, in Crl. Apl. No.182 of
2023 and the Court was pleased to pass the
judgment dated 26.02.2024 whereby
confirming the judgment passed by the Trial
Court.
3. The complainant/respondent and the
accused/petitioner have settled their inter-se
dispute between themselves at the
intervention of family members and well-
wishers amicable for a sum of Rs.1,60,000/-
(Rupees One Lakh Sixty Thousand only).
Further the petitioner submits that, he is
ready to pay the entire settlement amount of
Rs.1,60,000/- today before this Hon'ble Court
by way of DD hearing No.981046, dated
15.05.2024 for a sum of Rs.90,000/-, drawn
on Union Bank, Bengaluru in favour of the
respondent and transferred a sum of
Rs.70,000/- by way of phone pay with
reference No.415109435240, Rs.40,000/-
and No.415164418396 for Rs.30,000/- on
30.05.2024 and the respondent also
acknowledge the same.
NC: 2024:KHC:18408
4. The respondent herein states and declare
that, there is no claim/s or recovery or
balance whatsoever from the petitioner
herein and agreed to return the all documents
if any which are belongs to the petitioner
before this Hon'ble Court. Further the
respondent declare that, he has no objection
to withdraw the amount deposited by the
petitioner before the Trial Court.
2. In view of the settlement between the parties and
entire cheque amount has been paid by the revision petitioner,
the order passed by the trial magistrate and the learned Judge
of the First Appellate Court are hereby set-aside and the
accused is acquitted for the offence punishable under Section
138 of Negotiable Instruments Act, 1881.
The amount in deposit, if any, is ordered to be released in
favour of the accused after due identification.
Sd/-
JUDGE
SS
