Mallesh S/O. Mallikarjuna vs C Vannathiah Alias Vanathayan
2022 Latest Caselaw 6048 Kant

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             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

           DATED THIS THE 4TH DAY OF APRIL, 2022

                         BEFORE

            THE HON'BLE MR. JUSTICE P.N.DESAI

        CRIMINAL REVISION PETITION NO.100059/2022

BETWEEN:

MALLESH S/O. MALLIKARJUNA
AGE. 37 YEARS
R/O. HOUSE NO. 05, 14TH WARD,
NEAR MAREMMA TEMPLE NISSAI
CAMP, T B DAM HOSPETE
DIST: VIJAYANAGAR-583201

                                                ...PETITIONER

(BY SHRI SRINIVAS B NAIK, ADVOCATE.)


AND:

C VANNATHIAH @ VANATHAYAN
S/O. LATE CHINAPPA
AGE. 44 YEARS, OCC. BUSINESS
R/O. 30TH WARD VANKAI CAMP
T B DAM, HOSAPETE
DIST: VIJAYNAGAR-583201

                                             ...RESPONDENT

(NOTICE SERVED.)


     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF THE CODE OF
CRIMINAL PROCEDURE, 1973, SEEKING TO CALL FOR THE
RECORDS AND ALLOW THIS REVISION PETITION AND SET-ASIDE
THE JUDGMENT AND ORDER DATED 21.10.2021 PASSED IN
CRIMINAL APPEAL NO.5038/2018 BY THE III ADDITIONAL
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DISTRICT AND SESSIONS JUDGE, BALLARI, SITTING AT
HOSAPETE AND SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION AND SENTENCE DATED 04.09.2018 PASSED IN
C.C.NO.894/2016 ON THE FILE OF II ADDITIONAL CIVIL JUDGE
AND JMFC, HOSAPETE, FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, AND THEREBY
ACQUIT   THE   PETITIONER/ACCUSED    FOR  THE    OFFENCE
PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881, ETC.,.

     THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT PASSED THE FOLLOWING:


                               ORDER

The petitioner and respondent are present and filed

application under section 147 of the Negotiable

Instruments Act, 1881, read with section 320 (6) & (8) of

the Code of Criminal Procedure, 1973, along with their

affidavit stating that they have settled the dispute with

mediation and well wishers. Accordingly the complainant

who is the respondent has agreed to accept the amount of

Rs.1,45,000/- only which is already deposited before the

II Addl. Civil Judge and JMFC Court, Hosapete, in

C.C.No.894/2016 and he has no any other claim.

2. The contents of the said application are read

over and explained to both the parties. They admitted the

same as true and correct. Both the parties and their

respective counsel are present and the application is also

signed by them. In view of the contents of the affidavit,

the application is allowed. I am satisfied that the same is

lawful. Hence the same is accepted.

3. The judgment dated 4.9.2018, passed by the II

Addl. Civil Judge and JMFC, Hosapete, in C.C.No.894/2016,

which is confirmed by the III Addl. District and Sessions

Judge, Ballari, sitting at Hosapete, by judgment dated in

Crl.A.No.5038/2018, by judgment dated 21.10.2021, is

hereby set aside.

4. The accused who is the revision petitioner is

acquitted for the offence punishable under section 138 of

the Negotiable Instruments Act, 1881.

5. The revision petitioner is permitted to withdraw

the amount of Rs.1,45,000/- deposited before the trial

Court. The trial Court shall release the amount in favour of

the complainant on proper identification and verification.

6. In view of dismissal of the petition, pending

I.As., if any, stand disposed of as they do not survive for

consideration.

Sd/-

JUDGE Mrk/-