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2025 Supreme(Online)(Kar) 16537
KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
CHANDRAHASA H. S. – Appellant
Versus
VENKATESHACHARY – Respondent
CRIMINAL PETITION NO. 2633 OF 2025 (482(Cr.PC) / 528(BNSS)
For the Appellants/Petitioners: SRI. SYED AKBAR PASHA
For the Respondents: SRI. MOHANA KUMARI B. V.
Important Points
Subject
Criminal Law - Negotiable Instruments Act
Act Referred
Headnote
(B) Appeal and quashing of conviction - The court acknowledged the settlement under Section 147 of NI Act as compoundable and allowed the petition to quash previous convictions. (Paras 5, 6)
Facts of the case:
The parties reached a settlement where petitioner agrees to pay a total of Rs. 3,25,000/- for the conviction under Section 138 of the NI Act. Respondent agreed to receive the payment and withdraw objections.
Findings of Court:
With a mutual agreement filed under Section 147 of NI Act, the court allowed the petition and set aside previous judgments of conviction.
Issues: The court addressed the validity of the settlement and the implications for the conviction under the NI Act.
Ratio Decidendi: The court reasoned that amicable settlement between parties in cases of Section 138 of NI Act warranted quashing of the previous convictions, validating the settlement process under the law.
Result: The petition is allowed.
| Table of Content |
|---|
| 1. court discusses relief sought by petitioner. (Para 1 , 2) |
| 2. parties confirm settlement under ni act. (Para 3 , 4 , 5) |
| 3. court quashes previous convictions. (Para 6) |
ORAL ORDER
In this petition, petitioner has sought for the following relief:-
“ The petitioner most respectfully prays to this Hon’ble Court may kindly be pleased to quash the judgment passed by this Hon’ble Court in Crl.Rev Pet No.142/2022 dated 22.11.2024, confirming the judgment of convictions passed by II Addl. Sessions Judge, Mysuru in Crl.Appeal No.294/2019 dated 07.09.2021 and the judgment of conviction passed by Principal I Civil Judge and JMFC Mysuru in C.C.No.1529/2013 dated 05.09.2019 and please to acquit the petitioner in the interest of justice and equity.”
2. Learned counsel for the petitioner – accused and learned counsel for the respondent – complainant have filed an application under Section 147 of NI Act along with their respective affidavits duly signed by the petitioner, respondent and their respective counsel and the same is taken on record.
3. Petitioner – accused, respondent and their counsel are physically present before the Court and they admit the contents of the application along with affidavits, which reads as under:-
“APPLICATION UNDER SECTION 147 OF NI ACT That the petitioner most respectfully submits to this Hon'ble Court as under:-
1. It is submitted that the petitioner and the respondent had amicably agreed to compromise the matter wherein the petitioner has agreed pay the amount as directed by the this Hon'ble Court in Crl Rev Pet No 142/2022 dated 22-11-2024, ie is sum of Rs 3,25,000/- That the respondent had agreed to receive the same and on receipt of payment the respondent has no objection to set aside the judgment conviction passed by the learned Trial Court and confirmed by the 1st appellate Court and subsequently by this Hon'ble Court in Crl Rev Pet No
142/2022 dated 22-11-2024.
2. It is submitted that the petitioner had already deposited sum of Rs 1,65,000/- before the learned Trial Court during the pendency of proceedings, the same amount ordered to be released in favor of respondent, and further the petitioner today paying remaining amount of Rs 1,60,000/- in cash before this Hon'ble Court to the respondent. The respondent has confirmed the receipt of the same. Respondent will not do any Money lending activity, I have not paid any interest to him.
3. It is submitted that the conviction judgments passed by the learned Courts bellow and the same is confirmed by this Hon'ble Court is not set aside, it will greatly damage the service / job of the petitioner, therefore the petitioner is before this Hon'ble Court, praying to set aside the judgments of conviction.
4. It is submitted section 138 of NI Act is compoundable offence under section 147 of NI Act, therefore please to interfere.
Wherefore the petitioner and respondent most respectfully prays to this Hon'ble Court may kindly be please to set aside the judgment passed by this Hon'ble Court in Crl Rev pet No 142/2022 dated 22-11-2024, modifying and confirming the judgment of convictions passed by II Addl Sessions Judge Mysuru in Crl Appeal no 294/2019 dated 07-09-2021 & the judgment of conviction passed by Principal I Civil Judge & JMFC Mysuru in CC No 1529/2013 dated 05-09-2019 and please to acquit the petitioner in the interest of justice and equity.
AFFIDAVIT OF PETITIONER I Chandrahasa H.S. S/o Somegowda, Aged about
53 years, Employee No 496, Working at M/S Automative Axels, Office Hunsuru, Mysuru Road. Mysuru Dist, today at Bengaluru do hereby solemnly states on oath as follows:-
1. I state that I am the petitioner in the above case, I know the facts of the case, hence I swear to this affidavit.
2. I state that the averments made at para 1 to 4 of accompanying application are true and correct and made on my information.
3. I state that I have been convicted for the offences punishable under section 138 of NI Act, and sentenced to pay the fine which judgments of th
