Mr K T Francis vs Sri B G Keshava Reddy on 23 February, 2024

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Karnataka High Court

Mr K T Francis vs Sri B G Keshava Reddy on 23 February, 2024

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                                                     NC: 2024:KHC:7653
                                               CRL.RP No. 642 of 2023




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                     BEFORE
                       THE HON'BLE MR JUSTICE S RACHAIAH
                 CRIMINAL REVISION PETITION NO. 642 OF 2023
             BETWEEN:

             MR. K.T. FRANCIS,
             S/O THOMOS,
             AGED ABOUT 57 YEARS,
             RESIDING AT NO. 89/3,
             OPP: BANASHANKARI THEATRE,
             HONGASANDRA, BEGUR MAIN ROAD,
             BENGALURU - 560 068.
                                                         ...PETITIONER
             (BY SRI. KRISHNA B.J, ADVOCATE)

             AND:

             SRI. B.G. KESHAVA REDDY,
             S/O LATE B. GOPAL REDDY,
Digitally    AGED ABOUT 46 YEARS,
signed by
SUDHA S      RESIDING AT NO. 95,
Location:
HIGH COURT   GARE PALYA MAIN ROAD,
OF
KARNATAKA    HONGASANDRA,
             BENGALURU SOUTH TALUK,
             BENGALURU - 560 068.
                                                        ...RESPONDENT
             (BY SRI. U. PRASANNA KUMAR, ADVOCATE)

                    THIS CRIMINAL REVISION PETITION IS FILED UNDER
             SECTION 397 READ WITH 401 OF CRIMINAL PROCEDURE CODE
             PRAYING TO SET ASIDE THE IMPUGNED AND CONVICTION
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                                                                   NC: 2024:KHC:7653
                                                        CRL.RP No. 642 of 2023




ORDER         AND   JUDGMENT            PASSED         IN      CRL.A.NO.607/2022,
DATED 04.03.2023 BY THE HONBLE LVI ADDITIONAL CITY
CIVIL     AND       SESSIONS           JUDGE,        BENGALURU              AND    ALSO
IMPUGNED CONVICTION ORDER AND JUDGMENT PASSED IN
C.C.NO.3781/2018, DATED 31.03.2022 BY THE HONBLE XIX
ADDITIONAL            CHIEF          METROPOLITAN                  MAGISTRATE,          AT
BENGALURU             CITY           WHICH           HAS           CONVICTED           THE
ACCUSED/PETITIONER FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF THE N.I ACT AND CONSEQUENTLY ACQUIT
THE PETITIONER FOR SAID OFFENCE.

        THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

                                        ORDER

1. Learned counsel for the respective parties filed an

application under Section 147 of the Negotiable

Instruments Act read with Section 320 of Cr.P.C., The

averments made in the said application at paragraphs 1, 2

and 3 are reads as under :

(i) That the learned XIX ACMM Bengaluru has
convicted the accused for the offence punishable
under section 138 of N. I. Act., in CC
No.3781/2018, dated: 31-03-2022, by sentenced to
pay a fine of Rs. 35,10,000/-, In default of payment
of fin, the accused shall undergo Simple
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CRL.RP No. 642 of 2023

Imprisonment for period of One year. But the
cheque amount is Rs. 28,00,000/-, against which
the accused / petitioner herein has filed Crl. Appeal
before the Hon’ble LVI Addl. City Civil and Sessions
Judge, Bengaluru (CCH-57) in Crl. Appeal No.
607/2022, but, the same is dismissed on 04-03-

2023 by confirmed the judgment passed by the
learned trail court, against which the petitioner /
accused has preferred above Crl. Rev. Petition
before this Hon’ble Court.

(ii) It is further submits that, as per the directions of
the learned LVI Adl. City Civil and Sessions Judge,
Bengaluru the accused/petitioner herein has
deposited 15% fine amount of Rs.5,26,500/-
(Rupees Five Lakhs Twenty Six Thousand Only) on
20.07.2022, the said amount is already withdrawn
by the complainant/respondent and thereafter the
accused/appellant paid Rs.20,00,000/- (Rupees
Twenty Lakhs only) through an account/RTGS to
the complainant/respondent and today the
accused/ petitioner has paid Rs.10,00,000/-
(Rupees Ten Lakhs only) through DD No.000053,
dated 21.02.2024 drawn on AXIS BANK LTD., in
favour of the complainant/respondent herein and
today same is handed over to respondent herein.

(iii) It is further submits that petitioner respectfully
prays that this Hon’ble Court be pleased to set-side
the sentence passed by the learned XIX A CM Mat
Bengaluru in C C No. 3781/2018, dated: 31-03-
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CRL.RP No. 642 of 2023

2022 for the offence punishable under section 138
of N I Act, and consequently acquit the accused /
petitioner herein for the offence punishable able
under section 138 of NI Act, since the respondent
has received the entire fine amount of Rs.
35,26,500/- from the petitioner and the respondent
has no objection to acquit the petitioner/ accused in
the above case.

2. On reading of the averments made in the said

application, being satisfied and it is also needless to say

that the alleged offence punishable under Section 138 of

N.I. Act is compoundable in nature, there is no embargo

for this Court to record the compromise. Accordingly, I

proceed to pass the following :

ORDER

(i) The Criminal Revision Petition is disposed of in

terms of the compromise.

(ii) The Judgment of Conviction and Order of

sentence dated 31.03.2022 passed in C.C.No.3781/2018,

by the Honble XIX Additional Chief Metropolitan
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NC: 2024:KHC:7653
CRL.RP No. 642 of 2023

Magistrate, at Bengaluru City and Judgment dated

04.03.2023 passed in Crl.A.No.607/2022, by the Honble

LVI Additional City Civil and Sessions Judge, Bengaluru

are hereby set-aside.

Sd/-

JUDGE

SNC
List No.: 1 Sl No.: 16
CT: BHK

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