K R Yogesh vs Narayanamurthy
2021 Latest Caselaw 416 Kant

                                       Crl.R.P.No.887/2017

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF JANUARY 2021

                          BEFORE

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

    CRIMINAL REVISION PETITION NO.887/2017

BETWEEN:

K.R.YOGESH
S/O RAJEGOWDA
AGED ABOUT 44 YEARS
RESIDENT OF K KATHIHALLI VILLAGE
KASABA HOBLI
ALUR TALUK
HASSAN - 573 201                 ... PETITIONER

(BY SMT.NIRMALA JAYARAM, ADVOCATE FOR
    SRI.MOHAN P.S. ADVOCATE)

AND:

NARAYANAMURTHY
S/O BACCHEGOWDA
AGED ABOUT 50 YEARS
RESIDENT OF UDDUR VILLAGE AND POST
KASABA HOBLI
HASSAN DISTRICT - 573 201
                           ... RESPONDENT

(BY SRI.MANUKUMAR B.T. ADVOCATE FOR
     SRI.M.N.MADHUSUDHAN, ADVOCATE )

       THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION      397 READ WITH 401 CR.P.C. PRAYING TO SET
ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED
08.07.2013     IN   C.C.NO.399/2007   ON   THE   FILE   OF
ADDITIONAL CIVIL JUDGE AND JMFC AND ALSO PASSED IN
CRL. APPEAL NO.148/2013 DATED 20.05.2017, ON THE FILE
                                               Crl.R.P.No.887/2017

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OF 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE,
HASSAN.
     THIS CRIMINAL REVISION PETITION COMING ON FOR
REPORTING SETTLEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:

                            ORDER

Both the learned counsel under the signature of

respondent submitted IA No.1/2021 under Section 147

of Negotiable Instruments Act, 1881 ('NI Act' for short)

reporting that the respondent has compounded the

matter. They seek disposal of the case accordingly.

2. Respondent admits that he has received the

amount under the receipt dated 07.12.2020, in full

settlement of his claim and seeks permission to

compound the matter. The copy of the paid receipt is

already produced.

3. Since Section 147 of NI Act permits

compounding of the offence under Section 138 of the NI

Act, the application is allowed. The offence is

compounded. Consequently, the revision petition is

allowed.

Crl.R.P.No.887/2017

The impugned order of conviction and sentence

passed by the trial Court and confirmed by the first

appellate Court is hereby set aside. The petitioner is

acquitted of the charge for the offence punishable under

Section 138 of the NI Act.

Sd/-

JUDGE

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