Karnataka High Court
Sri Jithendra Acharya vs Bhagawathi Co Operative Bank Ltd on 3 July, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:25146
CRL.RP No. 498 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 498 OF 2017
BETWEEN:
SRI. JITHENDRA ACHARYA,
S/O K.HARISHCHANDRA ACHARYA,
AGED ABOUT 37 YEARS,
R/AT DOOR NO.2-47 (A),
KALLUPADE, BELMA POST,
DERALAKATTE, MANGALORE
...PETITIONER
(BY SMT. VEENA.T.N., ADVOCATE)
AND:
BHAGAWATHI CO-OPERATIVE BANK LTD.,
HEAD OFFICE JEPPU MANGALORE,
ITS BRANCH OFFICE AT THOKKOTTU,
REP. BY BRANCH MANAGER,
Digitally MRS. JAYALAXMI
signed by
YAMUNA K L ...RESPONDENT
Location: (BY SRI. JEEVAN K., ADVOCATE)
High Court of
Karnataka
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT DATED 10.11.2016
PASSED BY THE IV ADDL. DIST. AND S.J., D.K., MANGALORE
IN CRL.A.NO.192/2013 CONFIRMING THE JUDGMENT DATED
23.03.2013 IN C.C.NO.8381/2006 PASSED BY THE IV JMFC,
MANGALORE.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
-2-
NC: 2024:KHC:25146
CRL.RP No. 498 of 2017
ORDER
Case called out. Parties present.
2. An application under Section 147 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act') is filed, which is signed by the parties and their respective Advocates.
3. Since, entire fine amount has been paid and apart from the said fine amount, the parties have also amicably settled in respect of the other outstanding amounts, there is no impediment for this Court to set aside the order of conviction passed by the learned Magistrate and confirmed by the learned Judge in the First Appellate Court.
4. Accordingly, following:
ORDER
(i) Criminal Revision Petition is allowed;
(ii) Order of conviction passed in C.C.No.8381/2006 dated 23.03.2013 confirmed in Crl.A.No.192/2013 on the file of the VI Additional District and Sessions Judge, D.K., Mangaluru, is hereby set aside; -3-
NC: 2024:KHC:25146 CRL.RP No. 498 of 2017
(iii) An amount of Rs.2,000/- awarded towards defraying expenses of the State is also set aside;
(iv) The amount in deposit before the trial Court is ordered to be withdrawn by the respondent- complainant under due identification.
Sd/-
JUDGE SMJ List No.: 1 Sl No.: 68