Karnataka High Court
Mr. P H Basheer vs Masitha on 4 November, 2024
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NC: 2024:KHC:44100
CRL.RP No. 519 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 519 OF 2022
BETWEEN:
MR P H BASHEER
S/O HUSSAIN MAULAVI
AGED 34 YEARS
R/O KOOVAL HOUSE
KOLNADPERU BALA POST
KASARGOD, KERALA - 671 321.
...PETITIONER
(BY SRI. PRIYANKA JAIN R M, ADVOCATE)
AND:
MASITHA
D/O HUSSAIN HAJI
AGED ABOUT 31 YEARS
RESIDING AT MONTEPADAVU HOUSE
Digitally signed NARINAGANA VILLAGE
by MANGALURU TALUK
SREEDHARAN
BANGALORE DAKSHINA KANNADA DISTRICT - 575 018.
SUSHMA
LAKSHMI
...RESPONDENT
Location: HIGH
COURT OF (BY SRI. MUZAFFAR AHMED, ADVOCATE)
KARNATAKA
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
DATED 18.02.2020 PASSED BY THE 8TH JMFC, MANGALORE IN
C.C.NO.1238/2017 AND ALSO THE JUDGMENT DATED
17.04.2021 PASSED IN CRL.A.NO.57/2020 PASSED BY THE III
ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE.
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NC: 2024:KHC:44100
CRL.RP No. 519 of 2022
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE S RACHAIAH
ORAL ORDER
Learned counsel for the respective parties have filed a
joint memo and the averments of the joint memo in paragraph
numbers 1 to 4 read as under:
"1. The Petitioner has already deposited 50% of
the cheque amount, i.e., Rs. 2,64,000/- (Rupees
Two Lakhs Sixty-Four Thousand only) out of the
total cheque amount of Rs. 5,28,000/-, before
this Hon'ble Court, demonstrating his bona fide
intention to comply with the Court's directions
and to meet the financial obligations arising from
the proceedings. The Respondent has already
withdrawn this amount and acknowledges having
already received it.
2. The Petitioner now intends to settle the matter
amicably and expresses his readiness and
willingness to pay the remaining 50% of the
cheque amount. Both parties respectfully seek
this Hon'ble Court's permission to allow the
Petitioner a period of two (2) months, up to
31st December 2024, to repay the remaining
balance of Rs. 2,64,000/- (Rupees Two Lakhs
Sixty-Four Thousand only).
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3. The Petitioner undertakes to adhere to the
repayment schedule as directed by this Hon'ble
Court and submits this request in good faith,
with the intention to fulfil all legal obligations.
4. The Respondent's counsel acknowledges and
agrees to the terms set forth herein, including
the repayment schedule and the period
requested by the Petitioner to complete the
outstanding payment. Both parties and their
counsel express mutual consent to these terms
and undertake to abide by the directives issued
by this Hon'ble Court based on this joint memo."
2. On perusal of the joint memo and also considering
the offence which is punishable under Section 138 of the N.I.
Act, which is compoundable in nature, there is no embargo to
this Court to record the compromise in terms as stated supra.
3. Accordingly, I proceed to pass the following:
ORDER
i. The Criminal Revision Petition is disposed of in
terms of compromise.
ii. The judgment of conviction and order of sentence
dated 18.02.2020 in C.C.No.1238/2017 passed by
the Court of 8th Judicial Magistrate First Class at
Mangaluru and its confirmation judgment and
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order dated 17.04.2021 in Crl.A.No.57/2020
passed by the Court of III Addl. District and
Sessions Judge, D.K., Mangaluru are set aside.
iii. The petitioner is acquitted for the offence
punishable under Section 138 of the Negotiable
Instruments Act, 1881.
iv. The petitioner / accused is acquitted for the offence
punishable under Section 138 of N.I. Act.
v. Bail bond executed, if any, stands cancelled.
Sd/-
(S RACHAIAH)
JUDGE
JS/-
