M/S Shiva Engineering Works vs M/S Shivarao Dubber
2022 Latest Caselaw 2083 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 09 T H DAY OF FEBRUARY, 2022

                        BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL REVISION PETITION NO.1447 OF 2021

BETWEEN:

1.    M/s. Shiva Engineering Works,
      Partnership Firm rep resented
      By its Partners,

2.    Sri G.V.Shivakumar,
      S/o Sri V.Gurub asappa,
      Age:58 years,

3.    Sri G.V.Chandrashekar,
      S/o Sri V.Gurub asappa,
      Age:47 years,

Both are R/at Shiva Engineering Works
RMC Link Road, (Shekharapp a Nag ar)
Davanagere - 577 001
                                        ...Petitioners
(By Sri B.Ravindra Prasad, Advocate)

AND:

M/s. Shivarao Dubber & Co
Represented by its
Managing Partner,
Sri Prakash K.B.,
S/o Sri Krishna Bommanahalli,
Age: 54 years,
R/o Opp: Onion Market,
P.B.Road , Davanag ere-577001.
                                        ...Respondent
(By Sri H.Ganesh, Advocate)
                                    :: 2 ::


        This      Criminal    Revision       Petition    is   filed    under
Section 397 read with 401 of Cr.P.C., praying to set
aside     the      judgment     and      order     d ated     18.09.2021
passed       by    the   II   Additional      District    and      Sessions
Judge          and       Special      Judge,        Davanagere               in
Crl.A.No.113/2017             confirming         the      ord er       dated
27.09.2017 p assed by the JMFC-III court, Davanagere
in   C.C.No.1267/2016           and     further     dismiss      the       said
complaint.

        This Criminal         Revision       Petition    coming       on    for
orders through vid eo conferencing this d ay, the Court
mad e the following:

                                ORDER

The petitioners and the respondent have filed

joint affidavit stating that the matter has been

settled between them. It is submitted that the

petitioners have paid the entire fine amount to the

respondent.

2. Both petitioners and the respondent have

appeared through video conferencing along with

their respective Advocates.

:: 3 ::

3. This revision petition is filed challenging

the judgment of the appellate Court which has

confirmed the judgment passed by JMFC-III,

Davanagere in C.C.No.1267/2016, convicting the

petitioners for the offence under Section 138 of

the Negotiable Instruments Act.

4. Since the petitioners have arrived at a

settlement with the respondent and the

respondent acknowledges receipt of the entire fine

amount, exercising powers under Section 147 of

the Negotiable Instruments Act, the parties are

permitted to compound the offence. Accordingly

joint memo is accepted.

5. In view of the settlement arrived at

between the parties, the sentence imposed on the

petitioners by the learned Magistrate and

confirmed by the learned Sessions Judge is set-

aside. The petitioners are acquitted of the offence

punishable under Section 138 of N.I.Act.

:: 4 ::

IA No.1/2021 does not survive for

consideration, it stands disposed of accordingly.

Sd/-

JUDGE

Kmv/-