Shri. Shivakumar S/O. Nagappa ... vs Shri. Mahalingappa S/O. ...
2022 Latest Caselaw 2435 Kant

             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH
        DATED THIS THE 15TH DAY OF FEBRUARY, 2022
                            BEFORE
       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

        CRIMINAL REVISION PETITION No.100282/2021

BETWEEN:

SHRI. SHIVAKUMAR
S/O. NAGAPPA KATAGI,
AGE: 32 YEARS,
OCC: BUSINESS,
R/O.MAHALINGPUR-587312,
TAL:MUDHOL, DIST:BAGALKOT.
                                          ...PETITIONER
(BY SHRI.G. B. NAIK, ADVOCATE & SMT.P.G. NAIK, ADVOCATE)

AND:

SHRI MAHALINGAPPA S/O. SIDDALINGAPPA PATIL
AGE:35 YEARS, AGE:35 YEARS,
OCC: AGRICULTURE & BUSINESS,
R/O:MAHALINGPUR-587 312
TAL:MUDHOL, DIST:BAGALKOT.
                                       ...RESPONDENT
(BY SHRI. SHIVASAI M. PATIL, ADVOCATE)

      THIS CRIMINAL PETITION IS FILED U/S 397 R/W 401 OF CR.P.C.
SEEKING THAT THE ENTIRE RECORDS IN CC NO.492/2017 ON THE FILE
OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL AND
CRIMINAL APPEAL NO.118/2019 ON THE FILE FO THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT JAMAKHANDI BE
KINDLY CALLED FOR AND EXAMINED AND THE JUDGMENT AND ORDER
DATED 05.10.2021 PASSED IN CRIMINAL APPEAL NO.118/2019 BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT
JAMKHANDI AND THE JUDGMENT AND ORDER OF CONVICTION AND
SENTENCE DATED 13.11.2019 PASSED IN CC NO.494/2017 BY THE
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL FOR THE
OFFENCE U/S 138 OF N.I. ACT BE KINDLY SET ASIDE THE
CONSEQUENTLY THE REVISION PETITIONER BE KINDLY ACUITTED.
                              2




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

                          ORDER

This revision petition is preferred by the

accused against the concurrent findings recorded by

the Courts below convicting and sentencing him for

an offence punishable under Section 138 of N.I. Act.

2. The learned counsel appearing on both

side submits that matter has been settled between

the parties and the complainant has agreed for one

time settlement of Rs.2,60,000/- (Rupees Two Lakhs

Sixty Thousand only).

3. The petitioner/ accused and respondent/

complainant are present before the Court. They are

identified by their respective counsel. It is submitted

by the complainant that the matter has been

amicably settled.

4. A joint memo has been filed signed by

both the parties as well as the learned counsel

appearing for them.

5. In view of the amicable settlement and

compromise entered into between the parties, this

Court is of the considered view that the parties may

be permitted to compound the offence in terms of

the compromise entered between them.

6. In the facts and circumstances of the case

and since the compromise entered between the

parties is a result of their positive attitude, this

court deems fit to impose a cost of Rs.10,000/-

(Rupees Ten Thousand only) on the accused which

shall be deposited by him with the District Legal

Services Authority, Bagalkot.

7. Accordingly the following;

ORDER

i) Criminal revision petition is allowed,

ii) The impugned order dated 13.11.2019

passed by the Court of Addl. Senior Civil

Judge and JMFC, Mudhol, in C.C.

No.492/2017, confirmed in Crl.A.

No.118/2019 dated 05.10.2021 by the

Court of I Addl. District and Sessions

Judge, Bagalkot, sitting at Jamkhandi, are

hereby set aside.

iii) Petitioner/ accused is acquitted of the

offence punishable under Section 138 of

N.I. Act.

iv) The petitioner/ accused shall deposit a

cost of Rs.10,000/-(Rupees Ten Thousand

only) with the District Legal Services

Authority, Bagalkot and shall file a

receipt/ acknowledgment with the registry

within a period of 15 days from today.

(Sd/-) JUDGE

PJ