Karnataka High Court
Ramanna S/O Basappa Hallad vs Suratsait S/O Umedmal Oswal on 7 June, 2022
Bench: K.Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7th DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL REVISION PETITION NO.100133/2022
BETWEEN:
RAMANNA S/O BASAPPA HALLAD
AGE. 62 YEARS, OCC. BUSINESS,
PROPRIETOR FOR M/S HALLAD BROTHERS,
R/O R.B G. HIGH SCHOOL (COURT)
LOKAPUR, TQ. MUDHOL, DIST. BAGALKOT-587122
.. PETITIONER
(BY SRI. P.N. HOSAMANE, ADVOCATE)
AND:
SURATSAIT S/O UMEDMAL OSWAL
AGE. 60 YEARS, OCC. AGRICULTURE /BUSINESS
BY HIS P.A HOLDER
SANTOSH S/O SURATSAIT OSWAL
AGE. 35 YEARS, AGRICULTURE/BUSINESS
LOKAPUR TA. MUDHOL,
DIST. BAGALKOT-587122
.. RESPONDENT
(BY SHRI N.L. BATAKURKI, ADV.)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF
CR.P.C., SEEKING TO CALL FOR THE RECORDS AND SET-ASIDE THE
JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED BY I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT
JAMAKHANDI, IN CRIMINAL APPEAL NO.5024/2021 DATED 04.02.2022,
AND THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
PASSED BY COURT OF SENIOR CIVIL JUDGE AND JMFC, MUDHOL, IN CC
2
NO.367/2021 DATED 10.03.2021 FOR THE OFFENCE U/S 138 OF N.I.
ACT, AND ACQUIT THE PETITIONER FOR THE ALLEGED OFFENCE.
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 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 Principal
Senior Civil Judge and JMFC, Mudhol, in CC No.367/2017 and
upheld by the learned I Additional District and Sessions Judge,
Bagalkot, sitting at Jamkhandi in Criminal Appeal No.5024/2021 for
the offence punishable under Section 138 of the Negotiable
Instruments Act, 1881 (hereinafter referred to as 'NI Act', for
brevity).
2. During the pendency of the revision petition, both the
petitioner and the respondent appeared before the Court along with
their respective counsel and filed a joint compromise application
under Section 147 of NI Act.
3. The parties submit that they have settled the matter
for Rs.5,50,000/- in full and final settlement of the claim. The
respondent submits that he has received amount of Rs.5,00,000/-
and prays that a sum of Rs.50,000/- deposited in the trial Court
shall be ordered to be released in his favour.
4. The submission of parties and counsel are placed on
record.
5. The offences are compoundable one.
Accordingly, compromise petition is allowed.
Consequently, the criminal revision petition is allowed. The
judgment of conviction and order on sentence passed learned
Principal Senior Civil Judge and JMFC, Mudhol, in CC No.367/2017
dated 10.03.2021 and upheld by the learned I Additional District
and Sessions Judge, Bagalkot, sitting at Jamkhandi in Criminal
Appeal No.5024/2021 dated 04.02.2022 are hereby set aside.
The petitioner is acquitted of the offence under Section 138
of NI Act. His bail bond stands cancelled.
The trial Court is directed to release Rs.50,000/- which is in
deposit in the name of the complainant after due verification.
Sd/-
JUDGE
kmv
