Chikkarasegowda vs Sagar C
2021 Latest Caselaw 2993 Kant

                             1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 26TH DAY OF JULY, 2021

                          BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

       CRIMINAL REVISION PETITION NO.682 OF 2021


BETWEEN

CHIKKARASEGOWDA
S/O. LATE PUTTEGOWDA,
AGED ABOUT 52 YEARS,
R/AT SUBBEGOWDANA KOPPALU VILLAGE,
SALIGRAMA HOBLI, K.R. NAGAR TALUK,
MYSURU - 571 604.
                                           ... PETITIONER
(BY SRI PRITHVI RAJ B.N., ADVOCATE)

AND

SAGAR C.
S/O. LATE CHANDRASHEKARACHAR,
AGED ABOUT 32 YEARS,
R/AT SHEEGAVALU VILLAGE,
SALIGRAMA HOBLI, K.R. NAGAR TALUK,
MYSURU - 571 604.
                                           ...RESPONDENT
(BY SMT. ASHWINI S., HCGP)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTIONS 397 AND 401 OF THE CODE OF CRIMINAL
PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT DATED
15.03.2021 PASSED BY THE VIII ADDITIONAL DISTRICT AND
SESSIONS JUDGE AT MYSURU SITTING AT HUNSUR IN
CRL.A.NO.145/2019 WHEREBY THE APPELLATE COURT HAS
CONFIRMED THE      JUDGMENT OF CONVICTION        DATED
10.12.2018 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT
K.R.NAGAR    IN    C.C.NO.681/2016    CONVICTING    THE
                                          2


PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF THE N.I. ACT.

     THIS CRIMINAL REVISION PETITION COMING ON FOR
ADMISSION, THROUGH VIDEO CONFERENCING, THIS DAY, THE
COURT MADE THE FOLLOWING:

                                   ORDER

Petitioner and respondent have filed a joint

compromise application under Section 147 of the

Negotiable Instruments Act, 1881 (for short 'N.I. Act') for

compounding the offence.

2. This revision petition is filed by the petitioner-

accused under Section 397 of Cr.P.C., being aggrieved by

the judgment of conviction and sentence passed by the

trial Court in C.C.No.681/2016 and upheld in

Crl.A.No.145/2019 for the offence punishable under

Section 138 of N.I. Act.

3. During the pendency of this petition, both the

counsel have filed a joint compromise application along

with joint affidavit of the complainant and the accused.

4. The affidavit reveals that the case has been

settled between the parties and the respondent has no

objection for allowing the petition. Hence, the compromise

is accepted. Accordingly, I.A.No.1/2021 is allowed.

5. In view of compromise, revision petition is

allowed. The order of sentence passed by the trial Court

and upheld by the First Appellant Court are hereby set

aside. The petitioner-accused is acquitted under Section

138 of N.I. Act.

Bail bond of the accused stands cancelled.

Sd/-

JUDGE

GBB