Kanumaiah vs Sri J G Poornesh
2021 Latest Caselaw 1686 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE      2ND DAY OF MARCH 2021

                          BEFORE

  THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

             CRL.R.P. NO.140 OF 2021

BETWEEN:

KANUMAIAH,
S/O. GENDE THIMMAIAH @
GEDDE THIMMAIAH
AGED ABOUT 65 YEARS
R/AT BALEGATE VILLAGE
MARIKANIVE POST
KASABA HOBLI,
HIRIYUR TALUK
CHITRADURGA DISTRICT - 577 599.
                                                 ...PETITIONER
(BY SRI. VIJAY KUMAR T., ADV.)

AND:

SRI. J.G. POORNESH,
S/O. GOPALA GOWDA,
AGED ABOUT 60 YEARS,
COFFEE PLANTER,
R/AT JANIGE ESTATE,
BETTADAMANE POST,
MUDIGERE TALUK,
CHIKKAMAGALURU DISTRICT-577 132.
                                                ...RESPONDENT

(BY SRI. N.R.     RANGEGOWDA      A/W.   SRI.    B.   PRADEEP,
ADVOCATES)
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      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 CR.P.C. PRAYING TO SET ASIDE THE
JUDGMENT DATED 06.06.2019 PASSED BY THE LEARNED SENIOR
CIVIL JUDGE AND JMFC AT MUDIGERE IN C.C. NO.76/2019 AND
JUDGMENT DATED 25.11.2019 PASSED BY THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU IN
CRL.A.NO.142/2019 AND THE PETITIONER TO BE ACQUITTED
FOR THE OFFENCE ALLEGED AGAINST HIM.


      THIS CRIMINAL REVISION PETITION COMING ON FOR
HEARING ON I.A. THIS DAY, THE COURT MADE THE FOLLOWING:



                          ORDER

On behalf of the respondent, Sri. B. Pradeep has

entered appearance. He is permitted to file vakalath in the

office.

2. Heard on I.A.No.1/2021. Having regard to the

grounds urged in the affidavit filed in support of the

application and more over, the petitioner being in judicial

custody, I.A.No.1/2021 is allowed. The delay of 345 days in

filing the criminal revision petition is condoned.

3. The petitioner is in judicial custody. His counsel

Sri. Vijay Kumar T. has presented a joint memo under

Section 147 of the Negotiable Instruments Act, 1881 read

with Section 320 of Cr.P.C., duly signed by the

complainant/respondent, learned counsel for the petitioner

and the learned counsel for the respondent. An affidavit is

also filed in support of the joint memo duly sworn by the

complainant/respondent.

4. The respondent Sri. J.G. Poornesh is identified

by his counsel Sri. B. Pradeep. The respondent submits that

on behalf of the petitioner/accused, his family members

have paid the entire fine amount amounting to

Rs.7,00,000/- (Rupees Seven Lakhs only) and he admits

and acknowledges the receipt thereof and submits that in

view of the said payment, the proceedings initiated against

the petitioner/accused under Section 138 of N.I. Act, may

be quashed.

5. The submission of the complainant/ respondent

is placed on record.

6. In view of the joint memo submitted by the

parties, the petition is allowed. Parties are permitted to

compound the alleged offences. Consequently, the

impugned judgment dated 06.06.2019 passed by the Senior

Civil Judge and JMFC, Mudigere, in C.C. No.76/2019 and

judgment dated 25.11.2019 passed by the II Addl. District

and Sessions Judge, Chikkamagaluru in Crl.A. No.142/2019

are set aside. The petitioner/accused Sri. Kanumaiah S/o.

Gende Thimmaiah @ Gedde Thimmaiah is acquitted of the

charge under Section 138 of the Negotiable Instruments

Act, 1881.

As the petitioner is in judicial custody, he is directed

to be released forthwith, if not required in any other case.

Sd/-

JUDGE snc