Smt Sunaina vs Sri Monappa Shetty
2021 Latest Caselaw 1556 Kant

                                    CRL.RP.NO.102/2017

                        1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 08TH DAY OF FEBRUARY, 2021

                     BEFORE

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

   CRIMINAL REVISION PETITION NO.102 OF 2017

BETWEEN:

SMT. SUNAINA
AGED ABOUT 23 YEARS,
W/O SIRAJUDDIN,
R/AT MAFATHLAL TALAPADY,
"B" MOODA VILLAGE,
BANTWAL TALUK,
D.K.DISTRICT-576 101.                    ...PETITIONER

(BY SRI NISHIT KUMAR SHETTY, ADVOCATE)

AND

SRI MONAPPA SHETTY
AGED ABOUT 48 YEARS,
S/O PADMANABHA SHETTY,
R/AT NAWALDADD,
MOODUPADUKODI VILLAGE,
BANTWAL TALUK,
D.K.DISTRICT-576 101.               ...RESPONDENT

(BY SRI M. VINOD KUMAR, ADVOCATE)

      THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397(2) READ WITH 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION     DATED     04.07.2015  MADE    IN
C.C.NO.1460/2014 BY THE COURT OF JMFC (V COURT),
D.K., MANGALORE AND THE JUDGMENT AND ORDER
                                           CRL.RP.NO.102/2017

                             2

DATED 05.12.2016 MADE IN CRL.A.NO.200/2015 BY THE
PRINCIPAL SESSIONS JUDGE, D.K., MANGALORE.

    THIS CRIMINAL REVISION PETITION COMING ON
FOR REPORTING SETTLMENT THIS DAY, THE COURT
MADE THE FOLLOWING:

                         ORDER

I.A.No.1/2021 is filed by both counsel under

Section 147 of Negotiable Instruments Act, 1881 ('the

NI Act' for short) read with Section 320 of Cr.P.C. for

compounding the offence. Along with the application,

the affidavits of petitioner and respondent are filed.

2. Both learned counsel are present. The

respondent appears digitally and he is duly identified by

his counsel. Respondent submits that he is ready to

compound the matter with the petitioner as per terms

mentioned in the affidavits of the parties.

3. As per the said terms, the respondent is

entitled to receive Rs.2,60,000/- deposited before the

trial Court and the petitioner shall pay the balance of

Rs.90,000/- on or before 20.04.2021.

CRL.RP.NO.102/2017

4. Satisfied that the compounding is voluntary.

Section 147 of the N.I.Act permits the compounding of

the offence under Section 138 of the N.I.Act. Therefore,

the compounding is recorded. The revision petition is

allowed.

The impugned order of conviction and sentence

passed by the trial Court and confirmed by the First

Appellate Court are hereby set aside. The petitioner is

acquitted of the charge under Section 138 of the N.I.Act.

However, if the petitioner fails to pay the balance of

Rs.90,000/-, the respondent is at liberty to recover the

same as fine amount.

The trial Court shall release Rs.2,60,000/- to the

respondent/complainant.

Sd/-

JUDGE

HA/-