Ramesh Murigeppa Hediyal vs Ashok Kumar Nathamalaji
2022 Latest Caselaw 10339 Kant

       IN THE HIGH COURT OF KARNATAKA
               DHARWAD BENCH

      DATED THIS THE 5TH DAY OF JULY 2022

                        BEFORE

       THE HON'BLE MR.JUSTICE K. NATARAJAN

              CRL.RP.NO.100307 OF 2021

BETWEEN
      RAMESH MURIGEPPA HEDIYAL
      AGE. 53 YEARS, OCC. BUSINESS
      R/O. GUMMANAHALLI ROAD, BYADGI
      TQ. BYADGI, DIST. HAVERI-581106


                                             ...PETITIONER
(BY SRI.NAGARAJ APPANNANAVAR, ADVOCATE)

AND
      ASHOK KUMAR NATHAMALAJI
      AGE. 59 YEARS, OCC. MONEY LENDING
      BUSINESS, R/O. BYADGI
      TQ. BYADGI, DIST. HAVERI-581106
                                            ...RESPONDENT
(BY SRI.MADAN MOHAN M.KHANNUR, ADV.)

      THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND
ORDER OF CONVICTION DATED 03.08.2021 PASSED BY THE
COURT OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE
HAVERI (SITTING AT RANEBENNUR) IN CRIMINAL APPEAL NO.
19/2020 DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND ORDER OF CONVICTION PASSED BY THE COURT
OF THE CIVIL JUDGE AND JMFC BYADAGI IN C.C. NO. 468/2015
DATED 04.02.2020 FOR THE OFFENCES PUNISHABLE U/S 138 OF
N.I. ACT AND ALLOW THE ABOVE CRIMINAL REVISION PETITION.
                                     2




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



                           ORDER

This criminal petition is filed by the petitioner/accused

under Section 397 R/W Section 401 of the Code of Criminal

Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.' for

short) for setting aside the judgment dated 03.08.2021

passed by the II Addl. District and Sessions Judge, Haveri

(sitting at Ranebennur) in Crl.A.No.19/2020, dismissing the

appeal and confirming the judgment and order of conviction

passed by the Court of the Civil Judge and JMFC., Byadgi in

C.C.No.468/2015 dated 04.02.2020 for the offence

punishable under Section 138 of Negotiable Instruments Act

(hereinafter for short 'NI Act').

2. During the pendency of petition, both the parties

have filed joint compromise application under Section 147 of

NI Act.

3. As per compromise, the petitioner is agreed to

pay Rs.1,50,000/-(Rupees one lakh fifty thousand only) as

full and final settlement and said amount is already deposited

in trial Court and respondent is ready to receive the same and

settle the matter.

4. Joint compromise application and submission of

both parties and their counsel are placed on record.

5. In view of the reasons assigned in joint

compromise application, IA No.1/2022 is allowed.

6. Consequently, the revision petition is allowed.

Judgment of conviction and sentence passed by the Court of

the Civil Judge and JMFC., Byadgi in C.C.No.468/2015 dated

04.02.2020 and upheld by Sessions Judge in

Crl.A.No.19/2020 dated 03.08.2021 for the offence

punishable under Section 138 of NI Act is hereby set aside.

7. The petitioner is acquitted and his bail bond

stands cancelled.

8. Amount in deposit before trial court is ordered to

be released to the respondent/complainant on due

identification.

Sd/-

JUDGE

HMB