Karnataka High Court
Sri. Dinesh vs Sri. Jagadish Kumar M Jain on 21 October, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:42114
CRL.RP No. 654 of 2023
C/W CRL.RP No. 646 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 654 OF 2023
C/W
CRIMINAL REVISION PETITION NO. 646 OF 2023
IN CRL.RP NO. 654/2023
BETWEEN:
SRI. DINESH
S/O. SALAGRAM,
AGED ABOUT 44 YEARS,
THE PROPRIETOR OF BHAVANI JEWELLERS,
SHOP NO. 2, 2ND BLOCK, BEL LAYOUT,
VIDHYARANYAPURA MAIN ROAD,
BENGALURU-560 091.
...PETITIONER
Digitally (BY SRI. LOKESH S.G., ADVOCATE)
signed by
MALATESH AND:
KC
Location:
HIGH SRI. JAGADISH KUMAR M JAIN
COURT OF THE PROPRIETOR OF M/S. PADMAVATHI JEWELLERS,
KARNATAKA
SHOP NO. 3, 3RD FLOOR,
RAJAHANS GARDEN MALL,
(NEAR RAJA MARKET),
NAGARTHAPETE, BANGALORE-560 002.
...RESPONDENT
(BY SRI.D.S.SATISH., ADVOCATE)
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NC: 2024:KHC:42114
CRL.RP No. 654 of 2023
C/W CRL.RP No. 646 of 2023
THIS CRL.RP FILED U/S.397 R/W SECTION 401 OF
CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET
ASIDE THE JUDGMENT DATED 12.01.2023 PASSED BY THE
LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU IN CRL.A.NO.548/2020, CONSEQUENTLY THE
JUDGMENT OF CONVICTION PASSED BY THE XIII ADDL.C.M.M.,
BENGALURU IN C.C.NO.8809/2017 VIDE JUDGMENT DATED
07.03.2020 AND ETC.
IN CRL.RP NO. 646/2023
BETWEEN:
SRI DINESH
S/O SALAGRAM
AGED ABOUT 44 YEARS
THE PROPRIETOR OF BHAVANI JEWELLERS
SHOP NO.2, 2ND BLOCK, BEL LAYOUT
VIDHYARANYAPURA MAIN ROAD
BENGALURU-560091
...PETITIONER
(BY SRI. LOKESH S G., ADVOCATE)
AND:
SRI JAGADISH KUMAR M JAIN
MAJOR IN AGE
THE PROPRIETOR OF M/S PADMAVATHI JEWELLERS
SHOP NO.3, 3RD FLOOR
RAJAHANS GOLDEN MALL
NEAR RAJA MARKET, NAGARATHAPETE
BANGALORE-560002
...RESPONDENT
(BY SRI.D.S.SATHISH., ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
JUDGMENT DATED 12.01.2023 PASSED BY HONBLE LXXV
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NC: 2024:KHC:42114
CRL.RP No. 654 of 2023
C/W CRL.RP No. 646 of 2023
ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN
CRL.A.NO.547/2020 CONSEQUENTLY THE JUDGMENT OF
CONVICTION PASSED BY THE XIII A.C.M.M BENGALURU IN
C.C.NO.8808/2017 VIDE JUDGMENT DATED 07.03.2020
AND ETC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Application under Section 145(2) of Negotiable
Instruments Act, is filed, signed by the parties and their
respective Advocates.
2. The application reads as under:
"The petitioner and the respondent herein
submit as follows:-
1. The Petitioner and the respondent submit
that, the respondent has filed the case under
C.C.No.8809/2017 for the offence punishable
under section 138 of N.I.Act, before the
Hon'ble XIII ACMM, Bangalore. The Hon'ble
XIII ACMM has convicted the petitioner
herein and sentenced him to pay fine of
Rs.6,82,903/ in default of fine amount, he
shall undergo simple imprisonment for a
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period of six months. Against the above said
judgment of conviction, the petitioner herein
has filed an appeal before the Hon'ble City
Civil and session judge (cch-76) in Crl.
Appeal No.548/2020. The said appeal came
to be dismissed. Against the said judgment,
the petitioner herein has preferred above
said Crl. Revision petition. In the said matter
the petitioner and the respondent have
compromised the matter amicably and filed
the compromise application.
2. As per the compromise, both the
petitioner and respondent has admitted that,
the respondent had filed another case in C.C.
No.8808/20217 and same is also convicted
and against the said order of conviction, the
petitioner herein has filed an appeal in Crl.
Appeal No. 547/2020 before the Hon'ble City
Civil and Session Judge, (CCH-76) and the
same is dismissed and against the said
judgment, the petitioner herein has filed the
Crl. R.P. No. 646/2023 and same is listed
today.
3. The petitioner and the respondent have
settled their dispute for an amount of
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Rs.9,00,000/ from the above said two cases.
As the petitioner and respondent have
agreed, the respondent herein is entitled to
withdraw the entire amount deposited before
the Hon'ble City Civil and session judge
(CCH. 76) both in Crl. Appeal No.548/2020
and another Crl. Appeal No.547/2020
towards the above said total amount and
apart from the above said amount, the
petitioner has agreed to pay an amount
Rs.2.70,000/- to the respondent towards the
full and final settlement of both the cases.
4. The respondent has agreed to receive the
above said amount on monthly installment
base. He has agreed to receive Rs.9,000/
p.m. and the petitioner has also agreed to
pay the said amount without fail.
5. The respondent has agreed to close both
Crl.R.P.No. 654/2022 and
Crl.R.P.No.646/2023 as per this joint
compromise application.
6. There is no force, threat, coercion or
influence in filing this compromise
application."
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3. Sine the outstanding amount and the fine amount
imposed by the trial Magistrate do not tally with each
other, the complainant has accepted the concession
amount out of the fine amount, the application filed under
Section 145(2) N.I. Act, is allowed.
4. Accordingly, both the revision petitions stand
disposed of in terms of the application.
5. It is made clear that no amount is payable after
Rs.2,70,000/- is paid as per the terms agreed between the
parties in the application.
Sd/-
(V SRISHANANDA)
JUDGE
DL
CT: JL
