Shri Hanumanthappa vs Hunnime Chits Private Limited
2022 Latest Caselaw 11335 Kant

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            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

      DATED THIS THE 11 T H DAY OF AUGUST 2022
                          BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

   CRIMINAL REVISION PETITION No.100255 OF 2022


   BETWEEN:

   SHRI. HANUMANTHAPPA
   S/O. SHIVAPPA HADIMANI
   AGE: 47 YEARS, OCC: COOLIE,
   R/O. BENAKANAKONDA,
   TQ. RANEBENNUR - 581115,
   DIST. HAVERI.
                                        ...PETITIONER
   (BY SRI. MADANMOHAN M. KHANNUR, ADV.)

   AND:

   HUNNIME CHITS PRIVATE LIMITED,
   POREMEN AND MANAGING DIRECTOR,
   SRI. C. K. BADAMI,
   AGE: 57 YEARS, OCC: BUSINESS,
   R/O. N.A. UDASI BUILDING, APMC YARD,
   TQ. RANEBENNUR 581115,
   DIST. HAVERI.
                                      ... RESPONDENT
   (BY SRI. N.P. VIVEKMEHTA, ADV.)



          THIS CRIMINAL REVISION PETITION IS FILED U/S
   397 READ WITH SECTION 401 OF CR.P.C., SEEKING TO
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SET   ASIDE        THE    JUDGMENT        AND     ORDER    DATED
19.12.2020    FOR        THE    OFFENCE       PUNISHABLE   UNDER
SECTION      138    OF     N.I.   ACT    IN     CRIMINAL   APPEAL
NO.36/2020 PASSED BY THE COURT OF II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, AT HAVERI (SITTING AT
RANEBENNUR)         AND    JUDGMENT       AND     ORDER    DATED
02.03.2020 IN C.C. NO.501/2017 PASSED BY THE COURT
OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
RANEBENNUR AND ACQUIT THE PETITIONER.


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

                               ORDER

This revision petition is filed challenging the

judgment of conviction and order of sentence passed

in C.C. No.501/2017 by the learned II Additional

Senior Civil Judge and JMFC, Ranebennur. The

revision petitioner has been convicted for the offence

punishable under Section 138 of Negotiable

Instrument Act (hereinafter referred to as 'N.I. Act',

for brevity) to undergo simple imprisonment for a

period of six months and pay fine of Rs.10,000/- in

default to undergo simple imprisonment for a period

of three months. In addition the revision

petitioner/accused is ordered to pay compensation of

Rs.1,55,000/- to the complainant/respondent. The

revision petitioner/accused challenged the said

judgment before the learned II Additional District and

Sessions Judge, Haveri sitting at Ranebennur in

Criminal Appeal No.36/2020 and the same came to be

dismissed by judgment dated 19.12.2020. The

revision petitioner/accused challenged the aforesaid

judgments in the present revision petition.

2. A joint application under Section 147 of

N.I. Act read with Section 320(2) of Cr.P.C. is filed

and it is signed by the revision petitioner/accused and

Shri. C.K. Badami, Managing Director of

complainant/respondent. The revision petitioner and

said Shri. C.K. Badami, Managing Director of

complainant/respondent are present physically and

both are identified by their respective counsel. The

revision petitioner and the respondent have settled

the matter. The respondent/complainant has agreed

to receive Rs.1,55,000/- in full and final settlement of

the dispute, which the revision petitioner/accused has

deposited before the Trial Court. The revision

petitioner has no objection to the respondent for

withdrawing the amount as compensation of

Rs.1,55,000/- which is deposited before the Trial

Court.

3. In view of the above settlement, the

offence under Section 138 of N.I. Act is compounded.

In view of the compounding, the judgments passed in

C.C. No.501/2017 and Criminal Appeal No.36/2020

are set aside.

4. The respondent is permitted to withdraw

Rs.1,55,000/- deposited by the revision

petitioner/accused on 30.07.2022 in C.C.

No.501/2017.

5. Accordingly, the revision petition is

disposed off.

Sd/-

JUDGE

SMM