Chamansab Meerahmedsab Shaik ... vs Gurupadappa Mahantappa Angadi
2022 Latest Caselaw 3319 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH
        DATED THIS THE 25TH DAY OF FEBRUARY, 2022
                         BEFORE
       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

        CRIMINAL REVISION PETITION NO.100229/2021

BETWEEN:

SRI. CHAMANSAB MEERAHMEDSAB SHAIK,
S/O. MEERAHMEDSAB,
AGE:51 YEARS,
OCC: BUSINESS,
R/O:M.N. FURNITURES
STATION ROAD, BYADAGI,
HAVERI-DIST:581 106.
                                        ...PETITIONER
(BY SHRI. B. ANWAR BASHA, ADVOCATE)

AND:

GURUPADAPPA MAHANTAPPA ANGADI,
AGE:65 YEARS, OCC:ADVOCATE,
R/O:BYADAGI, DIST:HAVERI-581 106.
                                        ...RESPONDENT
(BY SHRI. VIJAY S. KALASURMATH, HCGP)

      THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.PC., SEEKING TO CALL FOR THE RECORDS ON THE
FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI
SITTING AT RANEBENNUR, IN CRIMINAL APPEAL NO.85/2020 AND
ON THE FILE OF CIVIL JUDGE AND JMFC, BYADGI IN CC
NO.165/2016 PERUSE THE SAME AND SET ASIDE THE JUDGMENT
OF CONVICTION AND SENTENCE PASSED BY THE II ADDL.
DISTRICT AND SESSIONS JUDGE IN CRIMINAL APPEAL
NO.85/2020 DATED 23.09.2021 AND THE JUDGMENT OF
CONVICTION AND SENTENCE PASSED BY THE CIVIL JUDGE AND
JMFC, BYADGI IN CC. NO.165/2016 DATED 06.11.2020 FOR THE
OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT AND SET THE
PETITIONER AT LIBERTY.
                                2




     THIS CRIMINAL REVISION 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, wherein the Court of Civil Judge and

JMFC, Byadgi, in C.C.No.165/2016 dated

06.11.2020, convicted and sentenced the petitioner/

accused for offence punishable under Section 138 of

N.I. Act, which has been confirmed by the II Addl.

District and Sessions Judge, Haveri (Sitting at

Ranebennur) in Crl.A.No.85/2020 vide judgment

dated 23.09.2020.

2. Learned counsel appearing on both side

submits that the matter has been settled between

the parties and the complainant has compounded the

offence. It is submitted that the complainant has

received a sum of Rs.6,75,000/- (Rupees Six Lakhs

Seventy Five Thousand only) from the petitioner, as

full and final settlement.

3. An application is filed under Section 147

of N.I. Act signed by both the parties and the

learned counsel appearing for them. The application

is accompanied with the affidavits of both the

parties.

4. It is submitted by the learned counsel for

petitioner that the petitioner was prosecuting his

case in good faith and now the parties have settled

their dispute with freewill and consent and

therefore, a minimal cost may be imposed.

5. The facts and circumstances indicate that

the settlement has taken place due to positive

attitude of the parties. As such, this Court is of the

view that a cost of Rs.10,000/- may be imposed to

the petitioner to meet the ends of justice.

Accordingly the following;

ORDER

i) Petition is allowed,

ii) The judgment and order dated 06.11.2020

passed in C.C. No.165/2016 by the Court

of Civil Judge and JMFC, Byadgi, and the

judgment and order dated 23.09.2020

passed by the Court of II Addl. District

and Sessions Judge, Haveri (Sitting at

Ranebennur) in Crl.A.No.85/2020 are

hereby set aside.

iii) The petitioner is acquitted of the offence

punishable under Section 138 of N.I. Act,

iv) Petitioner shall deposit a sum of

Rs.10,000/- towards cost with the District

Legal Services Authority, Haveri and shall

file the receipt/ acknowledgement in the

registry, within a period of 10 days from

today.

(Sd/-) JUDGE

PJ