Smt. Kalavathi K D/O. ... vs Sri. Suresh K. S/O. Thimmanna
2021 Latest Caselaw 6291 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH


     DATED THIS THE 16 T H DAY OF DECEMBER 2021
                            BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR


    CRIMINAL REVISI ON PETITION N O.100281 OF 2021

   BETWEEN:

   SMT. KALAVATHI K . D/ O. MURTHACHARAYA
   AGE: 31 YEARS ,
   R/O: NEAR GRAM PANCHAYATH,
   HAMPI MAIN ROAD , MALA PANAGUDI POST- 583201,
   TAL: HOSA PETE, D IST: VIJAYANAGAR.
                                       ...PETITIONER

   (BY SRI RAJENDRA R. PATIL, ADV .)

   AND:

   SRI. S URESH K. S/ O. THIMMANNA
   AGE: 31 YEARS ,
   R/O: MALA PANAGUDI VILLA GE-583201,
   TAL: HOSA PETE, D IST: VIJAYANAGAR.
                                       ... RES PONDENT

   (BY SRI VIDYASHA NKAR G. DALWAI , ADV.)



          THIS   CRIMINAL   REVISION    PETITION   IS    FILED
   U/S 397( 1) R/W SECTION 401 OF CR.P.C. SEEKING TO
   CALL    FOR   THE   RECORDS     AND    SET    ASIDE       THE
   JUDGMENT OF CONVICTION AND ORDER OF SENTENCE
   DATED    19.08.2021   PASS ED   BY   T HE   COURT    OF   II I
                               2




ADDITIONAL       DI STRICT     AND           S ESSIONS           JUD GE,
BALLARI    SITTING     AT    HOSA PETE         IN    CRL.        APPEA L
NO.5071/2019      CONFIRMING            THE     JUDGMENT             OF
CONVICTION       AND    ORDER       OF       SENTENCE            DATED
11.10.2019 PASS ED BY THE COURT OF PRL. CIVI L
JUDGE AND       JMFC, HOSA PETE IN            CC NO.1663/2018
AND ACQUIT THE PETITIONER.


     THIS CRIMINAL REVISION PETITION IS COMING
ON FOR ADMISSION, THIS DAY, THE COURT MADE
THE FOLLOWING:

                            ORDER

The revision petitioner has been convicted

for the offence punishable under Section 138 of

Negotiable Instrument Act (hereinafter referred

to as the 'N.I.Act', for brevity), in C.C.

No.1663/2018 by the learned Principal Civil

Judge and J.M.F.C., Hosapete by judgment

dated 11.10.2019 and sentenced to pay fine of

Rs.3,05,000/-, in default to undergo simple

imprisonment for a period of three months.

The revision petitioner challenged the same

before the learned III Additional District and

Sessions Judge, Ballari sitting at Hosapete in

Criminal Appeal No.5071/2019 and the same

came to be dismissed by judgment dated

19.08.2021. The revision petitioner has

challenged the said judgment in the present

petition.

2. An application under Section 147 of

N.I.Act read with Section 320 of Cr.P.C. is filed

and it is supported by affidavits of the

petitioner and the respondent.

3. The petitioner is present and she is

identified by her counsel. The respondent is

present and he is identified by his counsel.

4. The matter is settled for an amount

of Rs.3,02,500/-. The petitioner has agreed to

pay in cash a sum of Rs.3,02,500/- to the

respondent in full and final settlement of the

matter. The respondent has agreed to receive

Rs.3,02,500/- in full and final settlement of the

matter and the respondent submits that he has

received cash of Rs.3,02,500/- today in the

open Court.

5. In view of the above settlement, the

offence under Section 138 of N.I. Act is

compounded. In view of compounding of the

offence, the judgment passed in C.C.

No.1663/2018 and confirmed in Criminal

Appeal No.5071/2019 are set aside. The

criminal revision petition is disposed of in the

above terms.

6. The fine amount of Rs.2,500/-

deposited by the petitioner before the trial

Court is ordered to be appropriated to the

State.

Sd/-

JUDGE

SMM