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.763 OF 2017 BETWEEN:
R.Rajanna, S/o. Ramanna Aged about 63 years, M/s. RKR Lunch Home, No.5, 19th Cross, Sampangi Ram Nagar, Bengaluru-560 027. ….. Petitioner (Sri D.Seshadri, Advocate) AND Sri M.Krishna S/o. P. Muniswamappa, Aged about 38 years, r/at No.11, 7th ‘D’ Main, 19th Cross, Sampangi Ram 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 11.01.2016 passed in C.C.No.28308/2014 in P.C.R.No.15764/2014 by the trial Court of XX Addl. C.M.M., Bangalore convicting the petitioner acting under Section 255(2) of Cr.P.C in a complaint filed by the respondent under Section 200 of Cr.P.C by imposing fine of Rs.4,10,000/- (Rupees four lakhs and ten thousand) and in default shall suffer S.I. for 3 months 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. An application signed by both the parties and learned counsel under Section 147 of NI Act is filed and the same reads thus:
2.. “ The petitioner has filed the above petition against the order of conviction dated 11.01.2016 passed by the learned XX Addl.
Chief Metropolitan Magistrate, Bengaluru in CC No.28308/2014 which is confirmed by the learned Sessions Judge (CCCH No.61) on 15.04.2017 in Cr. Appeal No.149/2016.
The petitioner and the respondent submits that the cheque amount involved in the above case is for Rs.3,00,000/- and a sum of Rs.4,10,000/- is ordered to be paid as fine amount out of which a sum of Rs.4,00,000/- is ordered to be paid to the respondent as compensation and remaining sum of Rs.10,000/- is ordered to be defrayed to the State for the expenses incurred in the prosecution. The petitioner has deposited the sum of Rs.61,500/- in the trial Court as ordered by the lower appellate Court while admitting the appeal vide receipt Q No.
/2016-17 dated …… a copy of the receipt is also produced.
3. The petitioner has no objection for payment of the sum of Rs.51,500/- now in deposit in the trial Court to the respondent. The petitioner has paid the sum of Rs.15,000/- to the respondent through DD No.020314 dated 15.09.2017 issued by the National Co-Operative Bank Ltd., Bengaluru and with the receipt of the above sum along with the deposited sum of Rs.51,500/- the respondent admits and acknowledge the receipt of the total sum of Rs.66,500/- from the petitioner however, subject to the payment of the same by the Court below.
4. Both the parties have settled the matter for a sum of Rs.2,90,000/- (Two Lakh Ninety thousand) whereupon the petitioner has now paid the sum of Rs.66,500/- as stated above. Towards the payment of the remaining sum of Rs.2,23,500/- the petitioner has issued the following nine post dated cheques drawn on the National Co-Operative Bank Ltd., Gandhi Bazar Branch, Bengaluru with the further assurance that the payments will be made to the respondent on the presentation of the cheques on the respective dates mentioned in the instruments.
i) Cheque bearing No.217301 dated 12.10.2017 sum of Rs.25,000/-
ii) Cheque bearing No.217302 dated 12.11.2017 sum of Rs.25,000/-
iii) Cheque bearing No.217303 dated 12.12.2017 sum of Rs.25,000/-
iv) Cheque bearing No.217304 dated 12.01.2018 sum of Rs.25,000/-
v) Cheque bearing No.217305 dated 12.02.2018 sum of Rs.25,000/-
vi) Cheque bearing No.217306 dated 12.03.2018 sum of Rs.25,000/-
vii) Cheque bearing No.217307 dated 12.04.2018 sum of Rs.25,000/-
viii) Cheque bearing No.217308 dated 12.05.2018 sum of Rs.25,000/-
ix) Cheque bearing No.217309 dated 12.06.2018 sum of Rs.23,500/-
5. It is assured and promised by the petitioner that he would keep sufficient funds for making payments to the respondent as and when the cheques referred above are presented. However, for any reason if the cheque/cheques is/are dishonored, the petitioner has to pay the said cheque amount within 3 days of its dishonor otherwise the petitioner shall be liable to pay the full remaining amount with fine cost of Rs.1 lakh immediately and at once and the respondent shall be entitled to demand and recover the same with interest at the rate of 18% per annum from this day, in addition to his right to prosecute the petitioner for cheating and for dishonor of cheques.
6. Both the parties are neighbours who have agreed and decided to settle the subject matter of the above petition with mutual trust and understanding to maintain cordiality and good neighbourhood.
7. If the cheques referred above are honored on the respective dates with the payment to the respondent, no further claim shall be made by him pertaining to the subject matter of the above petition. Both the parties have agreed to bear their own cost of litigation”.
Wherefore, the petitioner and the respondent pray that this Hon’ble Court be pleased to record this compromise and order the petitioner to make payment to the respondent as per the above compromise and order to release the entire deposited amount of petitioner/accused in the trial Court to the respondent/complainant and acquit the petitioner from the charges punishable under Section 138 of Negotiable Instruments Act, in the ends of justice.
In the light of the above, application is allowed. The parties are permitted to compound the offence. Consequently, the Revision petition is allowed. The judgment of conviction and sentence recorded by the trial Court is set aside. Petitioner /accused is acquitted of the charge of offence punishable under Section 138 of NI Act. Out of Rs.61,500/- deposited by the accused/petitioner before the trial Court, the respondent/complainant is permitted to withdraw Rs.51,500/-. Rest of Rs.10,000/- shall be confiscated to the State.
Registry to communicate this order to the concerned Court.
Sd/- Judge Mkm/-