Sri. Alexander B vs Sri. K. Shiva Kumar
2022 Latest Caselaw 8647 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

       DATED THIS THE 13TH DAY OF JUNE 2022

                        BEFORE

          THE HON'BLE MR.JUSTICE K. NATARAJAN

             CRL. RP. NO.100111 OF 2022

BETWEEN

  SRI. ALEXANDER B. S/O DEVADAS
  AGE. 43 YEARS, OCC. SOCIAL LECTURER
  ST. JOHN PU COLLEGE,
  R/O FORT, BALLARI-583101
  TQ AND DIST BALLARI.
                                            ...PETITIONER

(BY SRI.H.R. DESHPANDE & SMT.USHA H.DESHPANDE, ADVS.)
AND

  SRI. K. SHIVA KUMAR S/O K NAGARAJ
  AGE. 40 YEARS, OCC. LECTURER
  R/O BANDIHATTI POST, COWL BAZAAR,
  BALLARI-583102, TQ. AND DIST BALLARI.
                                            ...RESPONDENT
(BY SRI.VISHWANATH V. BADIGER, ADVOCATE)

      THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
AND 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS OF THE
COURT BELOW AND SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION DATED 07.10.2021 PASSED BY THE II ADDL. CIVIL
JUDGE AND JMFC BALLARI IN C.C.NO.356/2018 AND THE
JUDGMENT AND ORDER PASSED BY THE IV ADDL. DISTRICT AND
SESSIONS    JUDGE,   (COMMERCIAL    COURT)   BALLARI   IN
CRL.A.NO.50/2021 DATED 25.02.2022 AND TO ACQUIT THE
PETITIONER FOR THE OFFENCE U/SEC. 138 OF NI ACT BY
DISMISSING THE COMPLAINT FILED BY THE RESPONDENT.
                                 2




      THIS PETITION COMING ON FOR FINAL HEARING THIS

DAY, THE COURT MADE THE FOLLOWING:


                          ORDER

This criminal revision petition is filed by the petitioner-

accused under Section 397 of the Code of Criminal Procedure,

1973 (hereinafter referred to as the 'Cr.P.C.' for short) to set

aside the impugned judgment of conviction and order of

sentence dated 07.10.2021 passed by II Addl. Civil Judge and

JMFC, Ballari in CC No.356/2018, upheld by IV Addl. District

and Sessions Judge in Crl.A.No.50/2021 dated 25.02.2022

and to acquit the petitioner/accused.

2. Heard the learned counsel for the petitioner and

learned HCGP for respondent-State.

3. During the pendency of the petition, both the

petitioner and respondent appeared through their respective

counsel and filed compromise application under Section 147

of Negotiable Instruments Act. Both petitioner and

respondent personally appeared before the Court.

4. Learned counsel for the parties have settled their

dispute and respondent is agreed to receive Rs.2,75,000/-

(Rupees two lakhs seventy five thousand only) as full and

final settlement of his claim. Out of which Rs.1,25,000/- has

been deposited before IV Addl. District and Sessions Judge,

Ballari by petitioner. Today petitioner has paid Rs.1,50,000/-

to respondent by way of cash and the same is received and

acknowledged by the respondent.

5. In view of the settlement between the parties,

Crl.RP.No.100111/2022 is hereby allowed.

Consequently, impugned judgment of conviction and

order of sentence dated 07.10.2021 passed by II Addl. Civil

Judge and JMFC, Ballari in CC No.356/2018, which is upheld

by IV Addl. District and Sessions Judge in Crl.A.No.50/2021

dated 25.02.2022 is hereby set aside.

Petitioner is acquitted for the offence punishable under

Section 138 of Negotiable Instruments Act & his bail bonds

are stand cancelled.

First Appellate Court is directed to release Rs.1,25,000/-

to respondent after due identification.

Send back the records to the concerned Court.

Sd/-

JUDGE

HMB