IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE K. S. MUDAGAL CRL.RP. No. 1014/2017 BETWEEN M. N. RADHA KRISHNA, S/O LATE M. NANJUNDIAH SHETTY, AGED ABOUT 46 YEARS, R/O NO.195/B, 1ST FLOOR, 8TH CROSS, 1ST N BLOCK, RAJAJINAGAR, BENGALURU – 560 010. ... PETITIONER (BY SRI. CHANDRASHEKAR H. B., ADVOCATE) AND S. NAGABHUSHANA GUPTHA, S/O LATE SUBBAIAH SHETTY, AGED ABOUT 71 YEARS, R/O NO.657/11/1, 1ST MAIN ROAD, D BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU – 560 010. ... RESPONDENT (BY SRI. H. G. SWAMY, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 09.05.2017 PASSED BY THE LEARNED LXIX ADDL. CITY CIVIL AND S.J., (CCH- 70) BENGALURU IN CRL.A. No.1078/2016 AND THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 17.08.2016 PASSED BY THE LEARNED XIX ACMM, BENGALURU IN C.C.No.10227/2014 AND CONSEQUENTLY DISMISS THE COMPLAINT IN TOTO.
THIS CRL.RP COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Both the counsel filed joint memo under Section 147 of the Negotiable Instruments Act r/w Sections 320 and 482 of Cr.P.C. for leave to compound the offences.
2. Both the parties are present and they are duly identified by their respective counsel. The Respondent/complainant admits that he has received Rs.6,45,000/- in full settlement of his claim under the cheque in question. The offence under Section 138 of Negotiable Instruments Act for which the petitioner is convicted is compoundable.
3. Having regard to said facts, the parties are permitted to compound the offence. The offence is compounded accordingly. Consequently, the impugned orders passed against the petitioner by the learned XIX Additional Chief Metropolitan Magistrate, Bengaluru and confirmed by the LXIX Additional City Civil and Sessions Judge are hereby set aside. The accused is acquitted of the charge for the offence under Section 138 of the Negotiable Instruments Act.
The trial Court shall refund the fine amount to the complainant.
Petition is disposed of accordingly.
Sd/- JUDGE KGR*