Mallikarjunagouda S/O ... vs Ramanagouda S/O Ishwargouda ...
2021 Latest Caselaw 3227 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

         DATED THIS THE 25TH DAY OF AUGUST, 2021

                         BEFORE

       THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

                 CRL.RP.NO.100153/2021

BETWEEN:

MALLIKARJUNAGOUDA S/O SHANKARGOUDA KARAGOUDRA
AGE 41 YEARS,
OCC AGRICULTURE,
R/O DEVIHOSUR,
HAVERI-581115
                                       ...PETITIONER
(BY SRI.M.M.KHANNUR, ADV.)

AND:

RAMANAGOUDA S/O ISHWARGOUDA PATIL
AGE 59 YEARS,
OCC AGRICULTURE,
R/O PALA,
TQ MUNDGOD,
DIST NORTH CANARA.
                                           ...RESPONDENT
(BY SRI.N.P.VIVEKMEHTA, ADV.)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF CR.P.C., SEEKING TO SET ASIDE
JUDGMENT AND ORDER DATED 18/06/20218 IN CR. APPEAL
NO.5023/2016 PASSED BY THE COURT OF I ADDL. DISTRICT
AND SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRSI AND
JUDGMENT DATED 24/06/2016 IN C.C. 216/2013 PASSED BY
THE COURT OF THE JMFC MUNDGOD AND ACQUIT THE
PETITIONER.

     THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
                                2




                           ORDER

The revision petitioner/accused and

respondent/complainant are present and the respective

counsels are also present. Both the parties have submitted

a joint memo under Section 147 of Negotiable Instruments

Act r/w Section 320(2) of Cr.P.C. reporting that the

dispute is amicably settled.

2. The revision petitioner was accused before the

trial court and was convicted for the offence punishable

under Section 138 of N.I.Act and the same was confirmed

by the appellate court. The offence under Section 138 of

N.I.Act is compoundable. Now the complainant/respondent

submits that he received the amount in pursuance of the

compromise and requests for acquittal of the revision

petitioner/accused.

3. In pursuance of the settlement between the

parties, the criminal revision petition is allowed in terms of

the joint memo and the judgment of conviction passed by

both the courts below is set aside. The joint memo shall be

part of the final order of acquittal.

4. In view of disposal of the criminal revision

petition, all pending I.A's do not survive for consideration

and the same are dismissed.

Sd/-

JUDGE

MBS/-