Ningegowda vs Sadashivaiah
2021 Latest Caselaw 1493 Kant

                                  Crl.R.P.No.238/2016

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 29TH DAY OF JANUARY 2021

                     BEFORE

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

    CRIMINAL REVISION PETITION No.238/2016

BETWEEN:

NINGEGOWDA
S/O ANDANAIAH
AGED ABOUT 59 YEARS
R/O C.S.PURA
GUBBI TALUK
TUMKUR DISTRICT - 572 213           ... PETITIONER

(BY SRI.H.MANJUNATH, ADV. FOR
    SRI S.B. KRISHNA, ADV.)

AND:

SADASHIVAIAH
S/O LINGAPPA
AGED ABOUT 51 YEARS
R/O THIPPUR, KASABA HOBLI
GUBBI TALUK
TUMKUR DISTRICT - 572 213         ... RESPONDENT

(BY SRI.D.T.NAVEEN NANDA, ADV.)

      THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH SECTION 401 OF
CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED
16.12.2015 IN CRL.A.NO.97/2012 PASSED BY THE
VI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
TUMKUR, IN CONFIRMING THE JUDGMENT AND
SENTENCE      DATED   04.07.2012   PASSED    IN
C.C.NO.36/2009 BY THE LEARNED PRL. CIVIL JUDGE
AND JMFC, GUBBI AND DISMISS THE COMPLAINT IN
                                                Crl.R.P.No.238/2016

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C.C.NO.36/2009 ON THE FILE OF THE LEARNED PRL.
CIVIL JUDGE AND JMFC, GUBBI.

     THIS CRIMINAL REVISION PETITION COMING ON
FOR ORDERS THIS DAY, THE COURT THROUGH
PHYSICAL HEARING MADE THE FOLLOWING:

                             ORDER

Both counsel and parties are present.

Respondent was earlier represented by

Sri.A.H.Bhagavan, learned counsel and later

Sri.D.T.Naveen Nanda, learned counsel has filed

power for the respondent without taking the

no objection certificate of Sri.A.H.Bhagavan.

2. Sri.A.H.Bhagavan submits that though

proper procedure was not followed in filing vakalat for

the respondent, he has no objection for

Sri.D.T.Naveen Nanda representing the respondent

now.

3. The parties are duly identified by

respective counsel. The parties have filed joint memo

reporting settlement. In terms of the settlement,

respondent receives Rs.1,00,000/- before the Court.

Crl.R.P.No.238/2016

As per the agreement, respondent is entitled to

withdraw Rs.1,00,000/- deposited before the trial

Court as part of the fine amount.

4. This revision petition is filed challenging

the concurrent order of conviction and sentence

passed against the petitioner for the offence

punishable under Section 138 of the Negotiable

Instruments Act. As per Section 147 of the

Negotiable Instruments Act, the said offence is

compoundable one. Therefore, compounding of the

offence is permitted.

5. 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 for the

offence punishable under Section 138 of the

Negotiable Instruments Act. The Trial Court shall Crl.R.P.No.238/2016

release Rs.1,00,000/- deposited before it to the

respondent/complainant.

Sd/-

JUDGE

KG