Uday S/O Gopalrao Kulkarni vs The Lokmangal Multistate
2021 Latest Caselaw 914 Kant

        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

   DATED THIS THE 15TH DAY OF JANUARY 2021

                        BEFORE

       THE HON'BLE MR.JUSTICE K. NATARAJAN

   CRIMINAL REVISION PETITION NO.100132/2019

BETWEEN:

UDAYA S/O.GOPALRAO KULKARNI,
AGE : 35 YEARS,
R/O.H.NO.254, KIRANODAYA BUILDING,
NEAR JAIN TEMPLE, HINDWADI,
BELAGAVI-590 011, DIST-BELAGAVI.
                                            .. PETITIONER
(BY SRI K.S.KORISHETTAR, ADVOCATE)

AND:

THE LOKMANGAL MULTISTATE CO-OP
CREDIT SOCIETY LTD., SOLAPUR,
KADKOLKAR GALLI, BELAGAVI-590 001,
R/BY R.NO.BENAKE.
                                         .. .. RESPONDENT
(BY SRI CHETAN MUNNOLI, ADVOCATE)


     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF CR.P.C. AND PRAYED
TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI IN CRIMINAL APPEAL NO.119/2017 DATED 15.03.2019,
CONSEQUENTIALLY SET ASIDE THE JUDGMENT OF CONVICTION
                                   2




AND SENTENCE PASSED BY THE JMFC-V COURT, BELAGAVI
PASSED IN C.C.NO.226/2017 DATED 01.06.2017 AND PETITIONER/
ACCUSED MAY KINDLY BE ACQUITTED FROM THE ALLEGED
OFFENCE, IN THE INTEREST OF JUSTICE.

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

                             ORDER

This revision petition is filed by the petitioner under Section

397 read with Section 401 of Cr.P.C. for setting aside the Judgment

of conviction and order of sentence dated 01.06.2017 passed by the

J.M.F.C.-V, Belagavi (for short 'the trial Court') in Criminal Case

No.226/2017 (New) (Old C.C.No.1065/2013) and confirmed by the

I Additional District and Sessions Judge, Belagavi (for short 'the

first appellate Court') in Criminal Appeal No.119/2017 dated

15.03.2019.

2. Both petitioner/accused and respondent/complainant

appeared before this Court and filed joint compromise application

under Section 147 of Negotiable Instruments Act, 1881 (for short

'the N.I.Act') read with Section 320(6) & (8) of Cr.P.C.

3. The respondent-Sri Ramchandra N. Benake, Assistant

Branch Manager, appeared and submits that he has received

`1,40,000/- as full and final settlement of the loan obtained by the

petitioner/accused and which includes cheque amount of `51,239/-

and entire loan account of the accused is closed.

4. Both parties submit that they are compromised their case

amicably and the respondent also acknowledges the receipt of

entire amount including cheque amount and compromised in

accordance with law. Accordingly, compromise application is

accepted.

5. In view of compromise arrived between the parties,

criminal revision petition is allowed and the Judgment of conviction

and order of sentence passed by the trial Court and confirmed by

the first appellate Court are hereby set aside. The

petitioner/accused is acquitted for the offence punishable under

Section 138 of the N.I. Act.

6. Bail bond of petitioner/accused stands cancelled.

If any fine amount deposited by the petitioner/accused before

the trial Court is ordered to be refunded to him after due

identification.

Sd/-

JUDGE CKK