Karnataka High Court
Sri. Ravi Kumar C.S vs Sri. Jagannath N.D on 4 September, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2024:KHC:36183
CRL.RP No. 950 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
CRIMINAL REVISION PETITION NO. 950 OF 2024
(397(Cr.PC)/438(BNSS))
BETWEEN:
SRI. RAVI KUMAR C.S
S/O LATE SHIVAKUMAR
HINDU
AGED ABOUT 36 YEARS
RESIDING AT DOOR NO.100
CHUNCHANAKUPPE VILLAGE
BANGALORE SOUTH TALUK
BANGALORE-562 130
...PETITIONER
(BY SRI. MURTHY K, ADVOCATE)
AND:
SRI. JAGANNATH N.D
S/O LATE DODDANNA
Digitally signed HINDU
by AGED ABOUT 56 YEARS,
GAVRIBIDANUR
SUBRAMANYA RESIDING AT DOOR NO.615/1
GUPTA BEHIND ASSAR CONVENT
SREENATH
Location: HIGH BELAVADI
COURT OF MYSURU-570 001
KARNATAKA
...RESPONDENT
(BY SRI. RAMACHANDRA, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE ORDER/JUDGMENT IN CRIMINAL
APPEAL NO.385/2023 PASSED BY THE LEARNED III
ADDITIONAL SESSIONS JUDGE AT MYSURU DATED 17.05.2024
CONFIRMING THE JUDGMENT DATED 05.10.2023 PASSED BY
-2-
NC: 2024:KHC:36183
CRL.RP No. 950 of 2024
THE LEARNED JMFC, III COURT, AT MYSURU IN
C.C.NO.693/2020.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Learned counsel Sri Ramachandra files Vakalath on
behalf of respondent. The same is taken on record.
2. This petition is filed by the accused challenging
the judgment of conviction and order of sentence in
C.C. No.693/2020 dated 05.10.2023 passed by the Judicial
Magistrate First Class (III Court) at Mysuru, whereby, the
trial Court convicted the petitioner-accused for the offence
punishable under section 138 of N.I. Act and sentenced
him to pay fine of Rs.4,15,000/- and in case of default to
undergo Simple Imprisonment for six months. Out of fine
amount of Rs.4,05,000/- is ordered to be paid to the
complainant as compensation and remaining amount of
Rs.10,000/- to defray the expenses of the State.
Aggrieved by the judgment of conviction of the trial Court
petitioner-accused preferred an appeal before the
NC: 2024:KHC:36183
Appellate Court in Crl.A.No.385/2023 upon re-
appreciation, the appeal came to be dismissed confirming
the judgment of conviction and order of sentence passed
by the trial Court.
3. During the pendency of this case, the petitioner
and respondent have appeared before the Court along
with their respective counsels and agreed to settle the
matter and compound the offence filed an application
under Section 147 of the N.I. Act. Paragraph Nos. 3 to 5
of the said application read as under:-
"3. Subsequently, with the intervention of friends,
well wishers and legal practioners, both the parties
have agreed to settle the dispute and accordingly
the dispute between both parties has been settled
and in terms of the settlement, the complainant
came forward and agreed to receive a sum of
Rs. 2,50,000/- towards full and final settlement of
the cheque in question (Ex.P-1), for which the
accused/petitioner agreed to pay the said sum
without any force or compulsion. Thus the
respondent/complainant has restricted his claim to
the extent of settled amount as above.
4. In terms of the settlement, today the
complainant/respondent has received the demand
draft for Rs. 1,67,000/- dated:2-9-2024 drawn at
SBI vide DD No.531469, Tavarekere Branch,
Bangalore City in his name from the petitioner and
further the complainant has agreed to withdraw the
NC: 2024:KHC:36183
amount of Rs.83,000/- deposited by the petitioner
before the trial court in terms of the interim order
passed in Crl. Appeal. No.385/2023 deposited vide
R.O.No.103/2023-24 dated:18-11-2023, for which
the accused has no objection. Thus the
respondent/complainant is at liberty to receive
Rs.83,000/- referred supra.
5. In view of the above, both Petitioner and
respondent herein prays that this Hon'ble court be
pleased to record the settlement in terms of this
joint memo/compromise and set aside the
judgment of conviction dated:5-10-2023 in
C.C.No.693/2023 passed by the JMFC III Additional
Court Mysore, confirming the same in Crl.Appeal.
No.385/2023 dated:17-5-2024 passed by the III
Additional Sessions Judge at Mysore and record
acquittal of the petitioner for the offence under
section 138 of N.I.Act in C.C.No.693/2020 dated:5-
10-2023."
4. This Court has enquired with the petitioner and
respondent with regard to the amicable settlement to
compound the offence, petitioner and respondent who are
physically present submit that they have voluntarily and
freely executed this application by affixing their signature,
identified by the respective counsel to settle the matter in
dispute as full and final settlement of Rs.2,50,000/-. The
petitioner has today paid a sum of Rs.1,67,000/- by way
of Demand Draft drawn on SBI Bank vide DD No.531469,
Tavarekere Branch, Bengaluru city. The said amount is
NC: 2024:KHC:36183
received and acknowledged by the respondent in the
presence of his counsel, remaining amount of Rs.83,000/-
was deposited before the trial Court. The petitioner does
not have any objection in the respondent to withdraw the
amount. The respondent does not have any objection in
accepting the demand draft and settling the matter for
Rs.2,50,000/- as full and final settlement. The respondent
does not have any objection in the petitioner being
acquitted of the charges for the offence under Section 138
of N.I. Act. Accepting the statements made by the
petitioner and respondent and application filed under
Section 147 of N.I. Act, this petition deserves to be
compounded. Accordingly, I pass the following:
ORDER
(i) Petition is disposed of.
(ii) The judgment of conviction and order of
sentence dated 05.10.2023 in C.C. No.693/2020
passed by Judicial Magistrate First Class, (III
Court), Mysuru, confirming the judgment in
NC: 2024:KHC:36183
Crl.A.No.385/2023 dated 17.05.2024 passed by
the III Additional Sessions Judge, Mysuru is
hereby compounded.
(iii) The petitioner is acquitted of all charges for
the offences punishable under Section 138 of
N.I. Act. The respondent acknowledges the
receipt of Rs.1,67,000/- today by way of Demand
Draft which is subject to realization.
(iv) Respondent is permitted to withdraw the
amount of Rs.83,000/- deposited before the trial
Court.
(v) The trial Court shall disburse and release
the said amount of Rs.83,000/- in favour of
respondent-complainant by way of electronic
transfer upon respondent furnishing bank details
and on proper identification.
Accordingly ordered.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
PSJ
