Sri Vinodh Kumar vs Sri Cheluvarayaswamy
2021 Latest Caselaw 1739 Kant

                                   Crl.R.P.No.23/2021

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF MARCH 2021

                      BEFORE

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

       CRIMINAL REVISION PETITION No.23/2021

BETWEEN:

SRI VINODH KUMAR
S/O SHIVANNA
AGED ABOUT 46 YEARS
R/AT NO.532, 4TH MAIN
18TH CROSS
VIDHYARANYAPURAM
MYSURU-570 008                      ... PETITIONER

(BY SRI.M.SHARASS CHANDRA, ADVOCATE)

AND:

SRI CHELUVARAYASWAMY
S/O NAGARAJ
AGED ABOUT 44 YEARS
R/AT NO.26, KOPPALURU
R.K.LAYOUT
MYSURU TALUK
MYSURU-570 008                    ... RESPONDENT

(BY SRI.B.THYAGARAJA, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH SECTION 401 OF
CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND
ORDER     DATED   30.12.2019  PASSED  BY  THE
IX ADDITIONAL FIRST CIVIL JUDGE AND J.M.F.C.,
MYSURU IN C.C.NO.2654/2016 CONFIRMING THE
JUDGMENT AND ORDER DATED 13.10.2020 IN
CRL.A.NO.29/2020 PASSED BY THE I ADDITIONAL
                                          Crl.R.P.No.23/2021

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SESSIONS JUDGE, MYSURU           AND     CONSEQUENTLY
ACQUIT THE PETITIONER.

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

                      ORDER

Sri. B.Thyagaraja, learned counsel submits

power for respondent - Cheluvarayaswamy S/o

Nagaraj along with application for compounding the

matter.

2. Both parties and counsel are present. The

parties are duly represented by their counsel.

Respondent submits that he has voluntarily

compounded the matter. As per the terms of

compounding, the respondent is entitled to receive

the fine amount deposited before the Trial Court.

3. As per Section 147 of the Negotiable

Instruments Act, the offence under Section 138 of the

Act is compoundable. Therefore, compounding of the

case is recorded.

Crl.R.P.No.23/2021

4. The petition is allowed. The impugned

order of conviction and sentence passed by the

Courts below is hereby set aside.

The petitioner is acquitted of the offence under

Section 138 of the Negotiable Instruments Act.

The Trial Court shall release the fine amount

deposited before it to the respondent/complainant.

I.A.No.1/2021 does not survive for

consideration and disposed of accordingly.

Sd/-

JUDGE KG