Sri.Bhimaraddi @ Raju S/O ... vs Sri.Ashok Karamalli S/O ...
2021 Latest Caselaw 1630 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

  DATED THIS THE 25th DAY OF FEBRUARY 2021

                          BEFORE

        THE HON'BLE MR.JUSTICE K. NATARAJAN

   CRIMINAL REVISION PETITION NO.100240/2019

BETWEEN:

SRI BHIMARADDI @ RAJU
SON OF BASAVARADDI HOSAMANI
AGED ABOUT MAJOR 37 YEARS
RESIDING AT SASVIHALLI VILLAGE
NAVALGUND TALUK, DHARWAD DISTRICT 582 208
                                              .. PETITIONER
(BY SRI. UMESH P. HAKKARAKI, ADVOCATE)

AND:

SRI ASHOK KARAMALLI
SON OF HEMARADDI KARAMALLI
AGED ABOUT 42 YRS.,
RESIDING AT KADADALLI VILLAGE
NAVALGUND TALUK,
DHARWAD DISTRICT 582 209
                                              .. RESPONDENT
(BY SRI. SHIVANAND MALLASHETTI, ADVOCATE)


     THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION
397 READ WITH SECTION 401 OF THE CR.P.C PRAYING TO SET ASIDE
THE JUDGMENT AND ORDER OF CONVICTION DATED 9.7.2018 PASSED
IN CC NO.215/2012 BY THE CIVIL JUDGE AND JMFC NAVALGUND AND
THEREBY ACQUIT THE PETITIONER IN C.C. NO.215/2012 FOR THE
OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE
INSTRUMENTS ACT IN THE INTEREST OF JUSTICE AND EQUITY.
                                   2




     THIS PETITION COMING ON FOR ADMISSION THROUGH PHYSICAL
HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:

                                ORDER

Both the petitioner and the respondent are present along with

their respective counsel.

2. The counsel for the parties have filed an application

under Section 147 of the Negotiable Instruments Act, 1881

(hereinafter referred to as the 'NI Act') read with Section 320(6)

and (8) of the Code of Criminal Procedure, 1973 (hereinafter

referred to as the 'Cr.P.C').

3. This petition is filed by the petitioner under Section 397

of Cr.P.C. for setting aside the judgment of conviction and sentence

dated 09.07.2018 passed by the learned Civil Judge and JMFC,

Navalgund in CC No.215/2012 (hereinafter referred to as the 'trial

Court') for the offence under Section 138 of the NI Act and upheld

by the learned Principal District and Sessions Judge, Dharwad, in

Crl.A.No.66/2018 dated 13.03.2019.

4. During the pendency of the revision petition, both the

parties have entered into compromise and filed an application under

Section 147 of NI Act. As per the terms of the compromise, the

petitioner/accused paid `1,30,000/- to the respondent towards full

and final settlement towards cheque. The same is accepted by the

respondent in the presence of his counsel in open Court. The

compromise is in accordance with law. Hence, accepted.

In view of the compromise, the Criminal Revision Petition is

allowed. The judgment of conviction and sentence dated

09.07.2018 passed by the learned Civil Judge and JMFC, Navalgund

in CC No.215/2012 for the offence under Section 138 of the NI Act

and upheld by the learned Principal District and Sessions Judge,

Dharwad, in Crl.A.No.66/2018 dated 13.03.2019, is hereby set

aside. The petitioner/accused is acquitted of the charge for the

offence punishable under Section 138 of NI Act. His bail bond

stands cancelled.

Sd/-

JUDGE kmv