IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL REVISION PETITION NO.762 OF 2017 BETWEEN:
R.Kiran S/o R.Rajanna, Aged about 37 years, M/s. RKR Lunch Home, No.5, 19th Cross, Sampangirama Nagar, Bengaluru-560 027. ….. Petitioner (Sri D.Seshadri, Advocate) AND Sri M.Krishna S/o. P. Munishwamappa, Aged about 37 years, No.11, 7th ‘D’ Main, 19th Cross, Sampangirama Nagar, Bengaluru-560 027. …Respondent (Sri M.J.Alva., Adovcate) This Criminal Revision Petition is filed under Section 397 R/w 401 of Cr.P.C., praying to set aside the order dated 25.05.2016 passed in C.C.No.32692/2014 in P.C.R.No.15971/2014 by the trial Court of XVI Addl. C.M.M., Bangalore convicting the petitioner acting under Section 265 of Cr.P.C in a complaint filed by the respondent under Section 200 of Cr.P.C by imposing fine of Rs.30,000/- and in default shall suffer S.I. for 1 month for the offence P/U/S 138 of N.I.Act, etc.
This Criminal Revision Petition is coming for Orders this day, the Court made the following:
ORDER The petitioner is convicted by the trial Court for the offence punishable under Section 138 of Negotiable Instrument Act. Now the parties have filed an application under Section 147 of NI Act, which reads thus:
2. “The petitioner has filed the above petition against the order of conviction dated 25.05.2016 passed by the learned XVI Addl. Chief Metropolitan Magistrate, Bengaluru in CC No.32692/2014 which is confirmed by the learned Sessions Judge on 15.04.2017 in Cr. Appeal No.705/2016.
3. Learned counsel for the petitioner and the respondent submit that the cheque amount involved in the above case is for Rs.25,000/- and a sum of Rs.30,000/- is ordered to be paid as fine amount out of which a sum of Rs.5,000/- is ordered to be paid to the State exchequer. The petitioner has deposited the sum of Rs.4,500/- in the trial Court as ordered by the lower appellate Court while admitting the appeal vide receipt Q No.4892/2016-17 dated 02.07.2016. A copy of the receipt is also annexed to the petition.
4. The petitioner has paid the sum of Rs.25,000/- to the respondent through DD No.020313 dated 15.09.2017 issued by the National Co-Operative Bank Ltd., Gandhi Bazar Branch, Bengaluru towards the full and final settlement of his claim in furtherance of the order of conviction passed by the trial Court”.
Wherefore, the petitioner and the respondent pray that this Hon’ble Court be pleased to record the full satisfaction of the claim made by the respondent pertaining to the above case and acquit the petitioner from the charges punishable under Section 138 of Negotiable Instruments Act in the ends of justice.
5. Both parties are present.
Respondent/complainant Sri M.Krishna admits that he is in receipt of the amount of Rs.25,000/- from the petitioner/accused”.
In the light of the above, application is allowed.
The parties are permitted to compound the offence.
The Revision Petition is allowed. The judgment of conviction and sentence recorded by the trial Court for the offence punishable under Section 138 of NI Act is set aside. Petitioner is acquitted of the offence punishable under Section 138 of NI Act. The amount of Rs.4,500/- deposited by the accused/petitioner shall be defrayed towards the fine amount to the State.
Registry to communicate this order to the concerned Court.
Sd/- Judge Mkm/-