IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6200 OF 2015 BETWEEN:
Nikhil N. Hegde, S/o Nithyananda Hegde, Aged about 29 years, R/at Albadi, Hebri Karkala Taluk Udupi District – 576 201. …Petitioner (By Sri. Pavana Chandra Shetty H., Advocate) AND:
1. Arun Sagar, S/o Nagaraj, Aged about 30 years, Businessman, R/at Agasakeri, Malinapete, Koppa, Chikkamagaluru District – 577 101.
2. The Station House Officer, Yelahanka New Town Police, Yelahanka, Bengaluru – 560 091.
3. The Manager, HDFC Bank Limited, Site No.43, G Block, 60 Feet Main Road, Sahakar Nagar, Bengaluru – 560 092. ...Respondents (By Sri. Vijaya Kumar Majage, Addl. SPP for R2; Sri. K. Prasanna Shetty, Adv. for R1;
Smt. Shilpa Sharad Shrikhande, Adv. for R3) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire pending proceedings relating to the C.C.No.703/2013 pending on the file of C.J. and J.M.F.C., Koppa for the offence P/U/S 138 of N.I. Act, 1881 produced herewith as document no.1 and to direct the 2nd Respondent Police to register FIR relating to the petitioner complaint dated 16.12.2011 against the 1st Respondent / complainant herein.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Respondent No.1/Sri. Arun Sagar and his counsel Sri. K. Prasanna Shetty; Sri. Pavan Chandra Shetty H., learned counsel for the petitioner are present. On behalf of respondent No.2-State, Sri.Vijaya Kumar Majage, Addl. SPP is present.
2. Respondent No.1/complainant and the petitioner/accused have filed an application under Section 147 of Negotiable Instruments Act r/w 320(8) of Cr.P.C., seeking leave to compound the offences alleged against the petitioner / accused under Section 138 of the N.I. Act. The application is signed by respondent No.1/complainant and the advocates appearing for petitioner/accused and respondent No.1.
3. In the application it is stated that at the intervention of friends and counsel, petitioner and respondent No.1 have settled their disputes and in terms of the said settlement, petitioner/accused has handed over a Demand Draft bearing No.550171 dated 25.03.2019 drawn on Vijaya Bank for Rs.1,36,000/- to respondent No.1. Respondent No.1/complainant’s counsel acknowledges the receipt of the said Demand Draft in full and final settlement of the claim made against the petitioner/accused arising out of the dishonour of the cheque which is the subject matter in C.C.No.703/2013.
In view of the above facts, parties are permitted to compound the offences. Accordingly, the petition is allowed. Proceedings initiated against the petitioner/accused in C.C.No.703/2013 on the file of the Civil Judge & JMFC, Koppa, are hereby quashed.
Sd/- JUDGE SV