Crl.R.P.No.887/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL REVISION PETITION NO.887/2017
BETWEEN:
K.R.YOGESH
S/O RAJEGOWDA
AGED ABOUT 44 YEARS
RESIDENT OF K KATHIHALLI VILLAGE
KASABA HOBLI
ALUR TALUK
HASSAN - 573 201 ... PETITIONER
(BY SMT.NIRMALA JAYARAM, ADVOCATE FOR
SRI.MOHAN P.S. ADVOCATE)
AND:
NARAYANAMURTHY
S/O BACCHEGOWDA
AGED ABOUT 50 YEARS
RESIDENT OF UDDUR VILLAGE AND POST
KASABA HOBLI
HASSAN DISTRICT - 573 201
... RESPONDENT
(BY SRI.MANUKUMAR B.T. ADVOCATE FOR
SRI.M.N.MADHUSUDHAN, ADVOCATE )
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 CR.P.C. PRAYING TO SET
ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED
08.07.2013 IN C.C.NO.399/2007 ON THE FILE OF
ADDITIONAL CIVIL JUDGE AND JMFC AND ALSO PASSED IN
CRL. APPEAL NO.148/2013 DATED 20.05.2017, ON THE FILE
Crl.R.P.No.887/2017
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OF 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE,
HASSAN.
THIS CRIMINAL REVISION PETITION COMING ON FOR
REPORTING SETTLEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Both the learned counsel under the signature of respondent submitted IA No.1/2021 under Section 147 of Negotiable Instruments Act, 1881 ('NI Act' for short) reporting that the respondent has compounded the matter. They seek disposal of the case accordingly.
2. Respondent admits that he has received the amount under the receipt dated 07.12.2020, in full settlement of his claim and seeks permission to compound the matter. The copy of the paid receipt is already produced.
3. Since Section 147 of NI Act permits compounding of the offence under Section 138 of the NI Act, the application is allowed. The offence is compounded. Consequently, the revision petition is allowed.
Crl.R.P.No.887/2017 3 The impugned order of conviction and sentence passed by the trial Court and confirmed by the first appellate Court is hereby set aside. The petitioner is acquitted of the charge for the offence punishable under Section 138 of the NI Act.
Sd/-
JUDGE akc