Balaji Medicals vs M/S.K.M. Agency
2022 Latest Caselaw 3130 Kant

             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH
        DATED THIS THE 23RD DAY OF FEBRUARY, 2022
                           BEFORE
       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

        CRIMINAL REVISION PETITION NO.100067/2020

BETWEEN:
BALAJI MEDICALS
PROPRIETOR
SRI SANJAY SOORYANARAYAN BANAVASHI
AGE:51 YEARS, OCC:BUSINESS,
R/O:C.P.BAZAAR, SIRSI,
DIST:UTTARKANNADA.
                                            ...PETITIONER
(BY SHRI.VENKATESH M. KHARAVI, ADVOCATE)

AND:
M/S K.M. AGENCY
REPRESENTED BY H. G. NAGARAJRAO S/O. GURURAO
MANAGING PARTNER OF K M AGENCY
YASHODAR S/O GAJANAN NAIK,
AGE:68 YEARS, OCC:BUSINESS,
R/O:C.P. BAZAAR, SIRSI,
DIST:UTTARKANNADA.
                                       ...RESPONDENT
(BY SHRI.LINGESH V. KATTIMANE, HCGP)

       THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
SEC.401 OF CR.P.C. PRAYING TO CALL FOR THE RECORDS ON THE FILE
OF THE I ADDITIONAL JMFC, SIRSI IN C.C. NO.309/2014 DATED
28.09.2018 AND I ADDL. DISTRICT AND SESSION JUDGE, U.K.KARWAR
SITTING AT SIRSI IN CR. APPEAL NO.5019/2018, DATED 26.11.2019
FOR THE OFFENCE PUNISHABLE U/S.138 OF N.I.ACT. AND ALLOW THIS
PETITION BY SETTING ASIDE JUDGMENT DATED 26.11.2019 PASSED BY
THE I ADDL. DISTRICT AND SESSION JUDGE, U.K.KARWAR SITTING AT
SIRSI IN CR.APPEAL NO.5019/2018 DATED 26.11.2019 AND ALSO THE
IST ADDL. JMFC, SIRSI IN C.C. NO.309/2014 DATED 28.09.2018 FOR
THE OFFENCE PUNISHABLE U/S 138 OF N.I.ACT.
                                2



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

                            ORDER

This revision petition is filed by the accused against the

concurrent findings recorded by the Courts below convicting

and sentencing him for the offence punishable under Section

138 of N.I. Act.

2. Accused has been ordered to pay a fine of

Rs.35,000/- and in default of payment of fine amount, to

undergo simple imprisonment for a period of 6 months. Out

of the said fine amount, he has been directed to pay to the

complainant a sum of Rs.30,000/- as compensation.

3. The leaned counsel appearing for the parties

submit that the matter has been settled out of Court.

4. The learned counsel appearing for respondent/

complainant submits that the cheque amount is Rs.30,000/-.

The respondent has earlier received a sum of Rs.10,000/-

and today he has received Rs.25,000/-. He submits that the

parties may be permitted to compound the offence in view of

the settlement arrived between them.

5. In view of the settlement between the parties

and the submission of the learned counsel, it is just and

proper to permit the parties to compound the offence. Hence,

the following;

ORDER

i) The revision petition is allowed,

ii) The impugned judgment and order passed in C.C.

No.309/2014 dated 28.9.2014 by the I Addl.

JMFC, Sirsi, and the judgment and order passed

in Crl.A. No.5019/2018 dated 26.9.2018, by the

Court of I Addl. District and Sessions Judge,

U.K.Karwar, sitting at Sirsi, are hereby set aside.

iii) Petitioner/ accused is acquitted of offence

punishable under Section 138 of N.I. Act.

a) He shall deposit Rs.4,500/- (Rupees Four

Thousand Five Hundred only) towards cost,

with the High Court Legal Services Committee,

Dharwad Bench and shall file the receipt in the

registry within a period of one week from today.

b) The petitioner/ accused is permitted to

withdraw the amount if any, deposited before

the trial Court, on due identification.

(Sd/-) JUDGE

PJ