IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1675 OF 2013 BETWEEN:
K.Venkateshan, S/o Karunakaran, Aged about 37 years, R/at No.23, Andi Street, Kurinjipadi, Cuddalore District, Tamil Nadu-607 302. ...PETITIONER (By Sri. Jose Sebastian, Adv.) AND:
G Dhamodharan, Aged about 54 years, S/o Late Govindaraj, R/at No. 34, 6th Main, Banaswadi Main Road, Banaswadi, Bengaluru-560 043. ...RESPONDENT (Respondent is served and unrepresented) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings in C.C.No.27847/2008 on the file of the XIV Addl.C.M.M., Bengaluru, etc.
This Criminal Petition coming on for Admission this day, the Court made the following:
ORDER Heard learned counsel for the petitioner. Respondent is duly served and unrepresented.
The only grievance of the petitioner is that in terms of the joint memo filed by the petitioner and the respondent in CC No.27847/2008, the petitioner has paid the entire amount in full and final settlement of the claim made by the respondent / complainant, arising out of complaint filed under S.138 of the Negotiable Instruments Act and hence the entire proceedings in C.C. No.27847/2008 are liable to be quashed.
2. There is nothing on record to show as to whether the joint memo filed by the parties is accepted by the Court below and is made part of the decree / order by the Court below. Nonetheless, in view of the decision in DAMODAR S. PRABHU Vs. SAYED BABALAL, reported in (2010) 5 SCC 663, in the event of payment of entire cheque amount, it is open for the petitioner to seek for compounding of the offence. Since the contentions raised by the petitioner are based on facts, the same are required to be considered by the trial Court. It is for the petitioner to produce necessary documents evidencing payment of the entire cheque amount before the Trial Court. In that event, the Trial Court shall pass appropriate orders in term of the decision of the Supreme Court in Damodar S. Prabhu’s case (supra).
Petition stands disposed of in the above terms.
Sd/- JUDGE sac*