Telangana High Court Disposes Of Criminal Revision Case by Directing Petitioner To Pay His Obligation Due to Dishonour of Cheque

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Excerpt

A Criminal Revision Case (Crl. R. C) No. 400 of the year 2020, I. A No. 1 of 2021 and Criminal Revision Case (Cr. R. C) No. 401 of 2020, I. A. No. 1 of 2021 filed by the second respondent/ complainant praying the court to come to a settlement of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 which states about Dishonour of Cheque for insufficiency of funds in an account. The matter was heard and decided upon by Hon’ble Shri Justice P. Keshava Rao.

Facts

The offence punishable under Section 138 of the Negotiable Instruments Act (NIA) stating about Dishonour of Cheque due to insufficiency of funds in an account, where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for the term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both.

In this case, the respondent praying to the court under an offence mentioned in section 138 of NIA to acquit the petitioner/accused by setting aside the sentence and imprisonment imposed in Crl.A.Nos.1133 and 1132 of 2016 dated 30.06.2020 on the file of the XIV Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B.Nagar, Metropolitan Sessions Judge Court is a type of sessions court which is only found in metropolitan cities and only deals with the criminal cases of metropolitan areas and presided by session’s judges. Ranga Reddy District at L. B Nagar confirming the judgments in C.C.Nos.208 of 2015 and 209 of 2015 respectively dated 05.12.2016 on the file of V Special Magistrate at L.B.Nagar, Hasthinapuram.

Parties’ Arguments

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The respondent pleaded before the court to acquit the petitioner under section 138 of NIA as an offence and to set aside the sentence and imprisonment imposed by the Metropolitan Sessions Judge, Ranga Reddy District at L. B. Nagar.

Court’s Observation

The Court observed that the Metropolitan Session Judge Court on 07th of April 21 directed the parties to appear before the Registrar (Judicial) on 12.04.2021 for their identification and the Registrar (Judicial) thereafter shall submit a report to that effect by 16.04.2021. In compliance with the above-said order, the parties along with their respective counsel appeared before the Registrar (Judicial), who has identified them with reference to their Aadhar cards and filed a report to that effect. The learned counsel also signed on the Aadhar cards of their respective clients.

After examined the report of the Registrar (Judicial) of this Court and the averments made in the affidavit filed in support of I.A.No.1 of 2021 in Crl.R.C.Nos.400 and 401 of 2020 and the compromise memos filed by both parties, I.A.No.1 of 2021 in both the criminal revision cases are allowed.

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In view of the given orders passed in I.A.No.1 of 2021 in both the criminal revision cases, the sentence and imprisonment imposed in Crl.A.Nos.1133 and 1132 of 2016 dated 30.06.2020 on the file of the XIV Additional Metropolitan Sessions Judge, Ranga Reddy District at L. B. Nagar, confirming the judgments in C.C.Nos.208 of 2015 and 209 of 2015 respectively dated 05.12.2016 on the file of V Special Magistrate at L. B. Nagar, Hasthinapuram, Ranga Reddy District, are hereby set aside. 

Court’s Decision

The petitioner is directed to pay 10% of the cheque amount in each case to the High Court Legal Services Committee, Hyderabad, within six weeks from 16th of April’21 and produce the receipt before the Registrar (Judicial) and if the petitioner fails to comply with the above-said order, the order passed in this criminal revision case will automatically be rendered as void and accordingly both the criminal revision cases were disposed of.

Click here to view the judgement.


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