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2025 DAILYLAW 45689 (KAR)

SRI. R. RAMPRASAD v. THE KODAGU DISTRICT CENTRAL CO OPERATIVE BANK LIMITED

CRL.RP/21/2023 · 2025-02-27

H P Sandesh

body2025

Judgment text

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- 1 - NC: 2025:KHC:8552 CRL.RP No. 21 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.21 OF 2023 BETWEEN: 1. SRI. R. RAMPRASAD, AGED ABOUT 55 YEARS, S/O RAGAVENDRA RAO, R/O BRAHMIN’S VALLEY, MADIKERI-571 201. …PETITIONER (BY SRI. S.N.SAMEER, ADVOCATE) AND: 1. THE KODAGU DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, HEAD OFFICE BRANCH, CHIKPET, MADIKERI – 571 201, REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENT (BY SRI. K.S.BHEEMAIAH, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF CONVICTION/SENTENCE PASSED IN C.C.NO.780/2017 DATE 16.11.2019 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC AT MADIKERI AND ALSO SET ASIDE THE ORDER OF CRL.A.NO.64/2019 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, KODAGU AT MADIKERI DATED 14.09.2022. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8552 CRL.RP No. 21 of 2023 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Both the learned counsel have filed the joint memo, wherein it is stated that the revision petitioner had deposited an amount of Rs.4,10,000/- in terms of the direction of the Court and the respondent does not have any objection for the Trial Court to release the said amount in favour of the revision petitioner, since the revision petitioner has cleared all the loan dues to the respondent Bank and the respondent Bank has issued a closure letter dated 07.02.2025 and there are no further claims by the respondent against the revision petitioner. The joint memo is accepted. 2. The learned counsel for the petitioner has filed an application under Section 147 of the Negotiable Instruments Act (‘NI Act’ for short) seeking permission of this Court to compound the offence in terms of the joint memo. 3. In view of the joint memo and settlement arrived at between the parties, the application filed under Section 147 of the NI Act is allowed and the offence is compounded. Consequently, the revision petitioner is acquitted for the offence punishable under Section 138 of the NI Act. The petitioner is - 3 - NC: 2025:KHC:8552 CRL.RP No. 21 of 2023 permitted to withdraw the amount, which is in deposit before the Trial Court. The Trial Court is directed to defray the amount of Rs.5,000/- and refund the remaining amount in favour of the petitioner, on proper identification. 4. The criminal revision petition is disposed of. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 49