IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5250 OF 2016 BETWEEN:
SHRI ASWINI DUTT CHALASANI SON OF MR.DHARMARAJU AGED ABOUT 56 YEARS, RESIDING AT EMAAR PROPERTIES, B-11 BOULDER HILLS, GACHIBOWLI, HYDERABAD-500032 (BY SRI: VIKHAR AHMED B, ADVOCATE) AND SHRI A VENKATESHWARA GUPTA SON OF SRI PRABHAKAR RAO AGED ABOUT 47 YEARS, RESIDING AT NO.35,2ND FLOOR, 4TH MAIN, KONENA AGRAHAR,BEHIND SYNDICATE BANK, HAL AIRPORT ROAD, BANGALORE-560 017 ... PETITIONER ... RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.52834/2016 FROM THE COURT OF XIV A.C.M.M., BANGALORE VIDE ANNEXURE-A.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioner. Respondent is served and unrepresented. Perused the records.
Respondent herein filed a complaint under section 200 Cr.P.C. seeking action against the petitioner herein under section 138 of Negotiable Instruments Act (“N.I. Act” for short) for the alleged dishonor of cheque for Rs.5.00 lakhs issued by the petitioner/accused.
2. Learned counsel for petitioner submits that before service of summons, entire cheque amount of Rs.5.00 lakhs was repaid to respondent/complainant through RTGS on 09.03.2016. Petitioner has produced the bank statement in proof of the above payment.
3. In METERS AND INSTRUMENTS PRIVATE LIMITED & Others vs. KANCHAN MEHTA, AIR 2017 SC 4594, the Hon’ble Supreme Court has held as under:-
“Where the cheque amount with interest and cost as assessed by the Court is paid by a specified date, the Court is entitled to close the proceedings in exercise of its powers under Section 143 of the Act read with Section 258 Code of Criminal Procedure.”
Further, it was held that, “Though compounding requires consent of both the parties, even in absence of such consent, the Court, in the interest of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused.”
4. In view of the law laid down by the Hon’ble Supreme court in the above decision, petitioner is entitled to seek for compounding of above offence even without concurrence of the complainant.
Thus, reserving liberty to petitioner to make suitable application before trial court to seek composition of offence on the ground of payment of entire cheque amount, petition is disposed of.
Sd/- JUDGE Bss