Karnataka High Court
Shri Sheetal S/O Mallasarj ... vs Shri Mahalaxmi Multipurpose on 21 June, 2022
Bench: K.Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21ST DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL REVISION PETITION NO.100028/2022
BETWEEN:
SHRI SHEETAL S/O MALLASARJ BADASAD
AGE. 36 YEARS OCC. AGRICULTURE
R/O. AT/POST-GANDIGAWAD
KHANAPUR-591112
TALUKA - KHANAPUR AND DIST-BELAGAVI
.. PETITIONER
(BY SRI. DEEPAK S. KULKARNI, ADVOCATE)
AND:
SHRI MAHALAXMI MULTIPURPOSE
SOUHARDS SAHAKARI NIYAMIT
GANDIGAWAD, KHANAPUR-591112
TAL-KHANAPUR AND DIST. BELAGAVI
REPRESENTED BY ITS
RECOVERY OFFICER
SHRI. IRANAGOUDA
S/O. RUDRAGOUDA PATIL
AGE. 43 YEARS, R/O. AMARAPUR-591118
TALUKA - BAILHONGAL AND DIST. BELAGAVI
.. RESPONDENT
(RESPONDENT SERVED AND UNREPESENTED)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397(1) R/W 401
OF CR.P.C., SEEKING TO CALL FOR AND EXAMINE THE RECORDS OF A
2
PROCEEDING IN THE CRIMINAL APPEAL NO.166/2021, FROM THE IV
ADDITIONAL SESSIONS JUDGE, BELAGAVI AND IN THE CRIMINAL CASE
NO.288/2018, FROM THE VIII JMFC COURT, BELAGAVI AND THE
JUDGMENT AND ORDER DATED 09.11.2021, PASSED BY THE IV
ADDITIONAL SESSIONS JUDGE, BELAGAVI IN CRIMINAL APPEAL
NO.166/2021, CONFIRMING THE JUDGMENT AND ORDER PASSED BY THE
JMFC VIII COURT, BELAGAVI IN CC NO.288/2018 DATED 16.07.2021,
WHEREIN THE REVISION PETITIONER HAS BEEN CONVICTED FOR AN
OFFENCE U/S 138 OF THE N.I. ACT AND HE HAS BEEN SENTENCED TO
PAY A SUM OF RS.3,20,000/- AND IN DEFAULT OF PAYMENT OF FINE HE
SHALL UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF 5 MONTHS,
MAY KINDLY BE SET ASIDE BY ALLOWING THIS REVISION PETITION.
THIS PETITION COMING ON FOR ADMISSION THROUGH PHYSICAL
HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
This revision petition is filed by the accused under Section
397(1) read with Section 401 of the Code of Criminal Procedure,
1973, seeking to set aside the judgment of conviction and order on
sentence passed by the learned JMFC VIII, Belagavi, in CC
No.288/2018 dated 16.07.2021 which is confirmed by the learned
IV Additional Sessions Judge, Belagavi, in Criminal Appeal
No.166/2021 dated 09.11.2021, for the offence punishable under
Section 138 of the Negotiable Instruments Act.
Learned counsel for the petitioner files a joint compromise
application under Section 147 of the Negotiable Instruments Act
along with the joint affidavit of the petitioner and the respondent.
Sri Tavanesh S. Marennavar, Manager, appeared on behalf of
the respondent-Society.
The respondent submits that they have received the entire
amount from the petitioner.
Submission of the petitioner and the respondent is placed on
record.
In view of compromise between the parties, joint compromise
application is allowed.
Consequently, the criminal revision Petition is allowed. The
judgment dated 16.07.2021 passed by the learned JMFC VIII,
Belagavi, in CC No.288/2018 confirmed by the learned IV
Additional Sessions Judge, Belagavi, in Criminal Appeal
No.166/2021 dated 09.11.2021 are hereby set aside.
The petitioner is acquitted of the offence punishable under
Section 138 of NI Act. His bail bond stands cancelled.
Sd/-
JUDGE
kmv
