Karnataka High Court
Sri Shankargouda M Patil vs Sri Sangamath Agro Sales ... on 7 July, 2022
Bench: K.Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7th DAY OF JULY 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL REVISION PETITION NO.100037/2022
BETWEEN:
SRI SHANKARGOUDA M PATIL
PROPRIETOR OF SHRI VEERABHADRESHWARA TRADERS
AGE. 37 YEARS, OCC. BUSINESS
R/O. HADLI VI LLAGE TQ. NARAGUND
DIST. GADAG-583117
.. PETITIONER
(BY SRI. B. ANWAR BASHA, ADVOCATE)
AND:
SRI SANGAMATH AGRO SALES CORPORATION
10.3 MADHURA CHETANA COMPLEX
NEELIGIN ROAD, HUBBALLI
REPRESENTED BY ITS PARTNER
SRI. KUMAR C HALLI, R/O. NILIGIN ROAD
HUBBALLI-580009
.. RESPONDENT
(BY SRI. SHRIDHAR S. TATTIMANI, ADV.)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF
CR.P.C., SEEKING TO CALL FOR RECORDS ON THE FILE OF V THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT
HUBBALLI IN CRIMINAL APPEAL NO.55/2020 AND ON THE FILE OF III
JMFC, HUBBALLI IN CC NO.609/2019 PERUSE THE SAME AND SET ASIDE
THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT
2
HUBBALLI IN CRIMINAL APPEAL NO.55/2019 DATED 20.03.2021 AND THE
JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE III JMC,
HUBBALLI IN CC NO.609/2019 DATED 24.02.2020 AND SET THE
PETITIONER AT LIBERTY.
THIS PETITION COMING ON FOR ORDERS THROUGH PHYSICAL
HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under Section
397 read with Section 401 of the Code of Criminal Procedure, 1973
(hereinafter referred to as 'Cr.P.C.' for brevity) for setting aside the
judgment of conviction and order on sentence passed by the
learned JMFC III Court, Hubballi in C.C.No.609/2019 dated
24.02.2020 for an offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI
Act', for short) and upheld by the learned V Additional District and
Sessions Judge, Dharwad, Sitting at Hubballi, in Criminal Appeal
No.55/2020 dated 20.03.2021.
2. During the pendency of this petition, both the parties
and their counsel appeared and filed a joint compromise application
under Section 147 of NI Act read with Section 320 of Cr.P.C.
3. The matter is settled for a sum of Rs.3,57,000/-
payable by the petitioner to the respondent inclusive of the amount
already received by the respondent in the trial Court.
4. Submission of the petitioner and the respondent and
their counsel is placed on record.
Accordingly, the compromise application is allowed.
Consequently, the Criminal Revision Petition is allowed. The
judgment of conviction and sentence passed by the learned JMFC
III Court, Hubballi in C.C.No.609/2019 for an offence punishable
under Section 138 of the Negotiable Instruments Act and upheld by
the learned V Additional District and Sessions Judge, Dharwad,
Sitting at Hubballi, in Criminal Appeal No.55/2020 dated
20.03.2021 is hereby set aside.
The petitioner is acquitted of the offence under Section 138 of
NI Act. His bail bond stands cancelled.
Sd/-
JUDGE
kmv
