Shankar Suvarna vs The Udupi Taluk Protestant ...
2021 Latest Caselaw 1541 Kant

                                          Crl.R.P.No.825/2017

                           1




   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5TH DAY OF FEBRUARY 2021

                        BEFORE

        THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

   CRIMINAL REVISION PETITION No.825/2017

BETWEEN:

SRI SHANKAR SUVARNA
S/O KRISHNAPPA SALIAN
AGED ABOUT 38 YEARS
R/AT SUVARNA MATHA
BADANIDIYOOR POST
MALPE, UDUPI TALUK - 572 101                ...PETITIONER

(BY SRI K.PRASANNA SHETTY, ADVOCATE)

AND:

THE UDUPI TALUK PROTESTANT CHRISTIAN
CREDIT CO-OPERATIVE SOCIETY LTD., UDUPI
REP. BY ITS GENERAL MANAGER
GANESHA SHERIGARA
AGED ABOUT 39 YEARS
S/O KARIYA SHERIGARA
RESIDING NEAR S.V.TEMPLE
SANTHEKATTE, KALLIANAPURA
UDUPI TALUK- 572 101                       ...RESPONDENT

(BY SRI K.CHANDRASHEKAR ACHAR, ADVOCATE)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF CR.P.C. PRAYING
TO SET ASIDE THE ORDER DATED 15.02.2017 PASSED BY THE
PRINCIPAL SESSIONS JUDGE, UDUPI IN CRIMINAL APPEAL NO.
67/2014 AND TO SET ASIDE THE JUDGMENT OF CONVICTION
AND SENTENCE DATED 30.07.2014 PASSED BY THE PRINCIPAL
CIVIL JUDGE AND J.M.F.C., UDUPI IN C.C.NO.4119/2009.

     THIS CRIMINAL REVISION PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
                                              Crl.R.P.No.825/2017

                              2




                         ORDER

Both Counsel present. Sri Jeevan S.Andrews,

in-charge General Manager Cum Representative of the

respondent present. He is duly identified by the counsel

for the respondent.

2. Counsel for the respondent submits application

under Section 320 of Cr.P.C. read with Section 147 of the

Negotiable Instruments Act, 1881 ('the N.I.Act' for short)

for compounding the offence along with affidavit of

Sri.Jeevan S.Andrews.

3. Sri Jeevan S.Andrews, representative of the

respondent submits that since the entire compensation is

deposited before the trial Court, on the term of release of

the said amount to the respondent, the respondent has

agreed to compound the offence.

4. Since the offence under Section 138 of the NI

Act is compoundable under Section 147 of the NI Act, the

permission is accorded. The offence is compounded as

prayed for.

Crl.R.P.No.825/2017

5. In view of compounding of the offence, the

revision petition is allowed. The impugned order of

conviction and sentence passed against the petitioner by

the trial Court and confirmed by the First Appellate Court

are hereby set aside.

The petitioner is acquitted of the offence punishable

under Section 138 of the NI Act.

The trial Court shall release Rs.2,18,000/- in deposit

before it to the respondent.

Sd/-

JUDGE KSR