SRI. S. SURESH v. SRI. C. SURESH

1. SRI. S. SURESH, S/O SUBBAIAH, AGED ABOUT 54 YEARS, OCC: ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, HONANAHALLI VILLAGE, SALIGRAMA HOBLI, K.R. NAGAR TALUK, MYSURU DISTRICT-571 602. (BY SRI. PRAKASH M. PATIL, ADVOCATE) …PETITIONER Location: HIGH COURT OF KARNATAKA AND:

SRI. C. SURESH, S/O LATE C.G. CHANDREGOWDA, AGED ABOUT 58 YEARS, R/At BANNIMANTAP EXTENSION, K.R. NAGARA TOWN, MYSURU DISTRICT-571 602. …RESPONDENT (BY SRI. B.S. MAHENDRA, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE PASSED IN CRL.A.NO.45/2022 DATED 13.10.2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, PASSED BY THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, SITTING AT HUNSUR AND THEREBY CONFIRMING THE - 2 - NC: 2025:KHC:4601 CRL.RP No. 11 of 2024 CONVICTION AND SENTENCE THAT THE PETITIONER TO PAY A FINE OF RS.1,10,000/- IN DEFAULT TO PAY THE FINE AMOUNT TO UNDERGO SIMPLE IMPRISONMENT FOR 1 YEAR IN C.C.NO.259/2018 DATED 03.01.2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, KRISHNARAJNAGAR AND ALLOW THIS CRIMINAL REVISION PETITION. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER The petitioner, the learned counsel for the petitioner and the learned counsel for the respondent are present before the Court. The petitioner has filed an application under Section 147 of the Negotiable Instruments Act (‘the NI Act’ for short) for compounding of the offence. The parties have settled the matter for an amount of Rs.94,000/- in total. An amount of Rs.44,000/- is already in deposit before the Trial Court. Now the petitioner has made the payment of Rs.60,000/- before the Court and the same is acknowledged by the learned counsel for the respondent. The learned counsel for the respondent submits that out of Rs.44,000/- which is in deposit before the Trial Court, the Trial Court can deduct an amount of Rs.10,000/- towards fine as imposed by the Trial Court and the remaining amount of Rs.34,000/- shall be released in favour of the complainant/respondent. Hence, the Trial Court is directed to - 3 - NC: 2025:KHC:4601 CRL.RP No. 11 of 2024 release the amount of Rs.34,000/- favour of complainant/respondent, on proper identification. The remaining amount of Rs.10,000/- shall vest with the State as fine.

In view of the settlement arrived between the parties, the application filed under Section 147 of the NI Act is allowed and the offence is compounded. Consequently, the petitioner is acquitted for the offence under Section 138 of the NI Act.