MR BHARATHESH SHETTY v. MR P M CHANDRAKANTH SHETTY
CRL.RP/632/2024 · 2025-02-19
H P Sandesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24789 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24789 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7703 CRL.RP No. 632 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.632 OF 2024 BETWEEN:
1.
MR. BHARATHESH SHETTY, AGED ABOUT 36 YEARS, S/O SRI SHEKHAR SHETTY, R/AT “KALPARUKSHA HOUSE”, PERMUDE POST, BAJPE, MANGALORE, DAKSHINA KANNADA DISTRICT, KARNATAKA—574 509. …PETITIONER
(BY SRI. B. JINEDRA KUMAR, ADVOCATE)
AND:
1.
MR. P.M.CHANDRAKANTH SHETTY, AGED ABOUT 63 YEARS, S/O SRI. P.M.SHETTY, R/AT B-402, “PRAKRUTHI SIGMA” APARTMENT, VIJAYANAGAR 3RD STAGE, A1 BLOCK, VIJAYANAGAR, MYSORE.
PRESENTLY RESIDING AT PANDIT HOUSE, MUNNUR POST, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT KARNATAKA—574 509. …RESPONDENT
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 21.02.2024 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU IN
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:7703 CRL.RP No. 632 of 2024
CRL.A.NO.97/2023 CONFIRMING THE
JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 21.04.2023 PASSED BY THE JMFC IX COURT AT MANGALURU IN C.C.NO.128/2021 BY ALLOWING THIS 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 and the respondent are present before the Court. Both of them have filed an application under Section 147 of the Negotiable Instruments Act (‘NI Act’ for short) read with Section 320 of Cr.P.C., praying this Court to compound the offence. In the application, it is stated that they have settled the matter for Rs.4 lakhs in full and final settlement and the petitioner has agreed to pay an amount Rs.1 lakh on or before 10.04.2025 by way of account transfer to the account of the respondent, Rs.1 lakh on or before 15.06.2025 by way of account transfer to the account of the respondent and the remaining balance amount of Rs.1 lakh on or before 30.07.2025 by way of account transfer to the account of the respondent. In terms of the application, the respondent is entitled to withdraw the amount of Rs.1 lakh, which is deposited by the petitioner before the Trial Court. Affidavits are also filed by both the petitioner and the respondent.
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NC: 2025:KHC:7703 CRL.RP No. 632 of 2024
2. In terms of the settlement, the application is allowed and the offence is compounded. As a result, the petitioner is acquitted for the offence punishable under Section 138 of the NI Act, subject to the payment as mentioned in the application or otherwise, the revision petition will be revived.
3. The petitioner is directed to make the payment of Rs.2,000/- as ordered by the Trial Court within one week from today and produce the receipt for having paid the same in the Registry within ten days. If the same is not paid within the time stipulated, list the matter on 10.03.2025.
4. The Registry is directed to send back the records to the concerned Courts.
5. The criminal revision petition is disposed of in terms of the settlement.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 21