Karnataka High Court
Smt Sangeeta W/O Babayya ... vs Sri Praveen S/O Basavaraj ... on 8 February, 2022
Bench: Mohammad Nawazpresided Bymnj
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 08TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL REVISION PETITION No.100183/2020
BETWEEN:
SMT. SANGEETA S/O. BABAYYA DEGANVIMATH
AGE:53 YEARS, OCC: HOUSEHOLD
R/O.GOKAK, TQ:GOKAK
DISTRICT:BELAGAVI-591 218.
...PETITIONER
(BY SHRI. VIJAY M. MALALI, ADVOCATE AND
SRI. D. M. MALLI ADVOCATE)
AND:
SRI. PRAVEEN S/O. BASAVARAJ HUDEDMANI
AGE:35 YEARS, OCC: TEACHER IN MAYUR SCHOOL
R/O:C/O MAYUR SCHOOL GOKAK
DIST:BELAGAVI-591 218.
...RESPONDENT
(BY SMT. P. G. NAIK, ADVOCATE AND
SRI. G. B. NAIK, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 397 OF CR.P.C.
PRAYING TO SET ASIDE THE ORDER OF CONVICTION DATED
03.01.2020 IN CC NO.361/2016 BY THE PRL. JMFC, GOKAK AND
CONFIRMATION JUDGMENT DATED 04.09.2020 IN CRL.A.
NO.53/2020 BY THE XII ADDL. DISTRICT AND SESSION JUDGE.,
BELAGAVI, SITTING AT GOKAK, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF N.I. ACT AND ACQUIT THE PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR FINAL
DISPOSAL THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
Aggrieved by the concurrent findings recorded by the
Courts below, convicting and sentencing the revision
petitioner/ accused for the offence punishable under
Section 138 of N.I. Act, the present revision petition has
been preferred.
2. A memo has been filed by the learned counsel
for respondent/ complainant, signed by the complainant
stating that the matter has been settled between the revision
petitioner and the respondent. It is stated a sum of
Rs.1,00,000/- deposited by the revision petitioner has been
withdrawn by the respondent and today the revision
petitioner has paid a sum of Rs.90,000/- in cash. It is also
stated that another Rs.50,000/- is already deposited before
the trial Court.
3. The trial Court while convicting the accused has
directed him to pay a sum of Rs.2,80,000/- to the
complainant as compensation out of the fine amount of
Rs.3,20,000/- and a sum of Rs.40,000/- was ordered to be
paid to the state.
4. In view of the settlement between the parties
which this Court finds that it is on account of their positive
attitude, it is just and proper to set aside the impugned order
by directing the revision petitioner to pay a cost of
Rs.10,000/-, which shall be deposited with the District Legal
Services Authority, Belagavi. Hence, the following;
ORDER
i) The order dated 03.01.2020 passed in C.C.
No.361/2016 by the Court of Prl. JMFC, Gokak
and the order dated 04.09.2020 passed in
Criminal Appeal No.53/2020 by the Court of XII
Addl. District and Sessions Judge, Belagavi,
sitting at Gokak, are hereby set aside.
ii) The accused is acquitted of the offence
punishable under Section 138 of N.I. Act.
iii) He shall pay a cost of Rs.10,000/-. It shall be
deposited with the District Legal Services
Authority, Belagavi, and copy of the receipt shall
be filed in the registry within a period of 15 days.
iv) The trial Court shall permit the complainant to
withdraw the amount which is in deposit, on due
identification.
v) I.A. No. 1/2022 is disposed off.
Sd/-
JUDGE
PJ
