Mahaboobsab S/O. Jamalsab ... vs Anand S/O. Manappa Huded
2022 Latest Caselaw 9264 Kant

         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. 100164 OF 2021

BETWEEN:

MAHABOOBSAB S/O. JAMALSAB DODDAMANI
AGE: 40 YEARS, OCC: COOLIE,
R/O. HUGAR GALLI, BYADAGI,
BYADAGI TALUK, DIST. HAVERI-581106.
                                            ... PETITIONER
(BY SRI. NAVEEN CHATRAD, ADV.)

AND:

ANAND S/O. MANAPPA HUDED
AGE: 42 YEARS, OCC: COOLIE,
R/O. SANGAMESHWAR NAGAR, BYADAGI,
BYADAGI TALUK, DIST. HAVERI-581106.
                                          ... RESPONDENT
(BY SRI. S. B. PATIL, ADV.)


     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF CR.P.C., SEEKING TO
CALL FOR RECORDS AND SET ASIDE JUDGMENT AND ORDER OF
CONVICTION DATED 07.09.2020 PASSED BY THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT HAVERI (SSITING AT
RANEBENNUR) IN CRL. A. NO.86/2019 CONFIRMING THE
JUDGMENT AND ORDER OF CONVICTION DATED 16.11.2019
                                    2




PASSED BY THE CIVIL JUDGE AND JMFC, BYADAGI IN C.C.
NO.152/2017 AND CONSEQUENTLY ACQUIT THE PETITIONER FOR
THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT.

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

                              ORDER

This petition is filed by the petitioner/accused under Section

397 of Cr.P.C., for setting aside the judgment of conviction and

sentence passed by the Civil Judge and JMFC, Byadgi in C.C.

No.152/2017 and upheld by the II Additional District and Sessions

Judge, Haveri sitting at Ranebennur in Criminal Appeal No.86/2019.

2. During the pendency of this petition, the petitioner

appeared through his counsel. The learned counsel Shri. S. B. Patil

has filed vakalth for respondent. The respondent appeared

personally. Both the learned counsel submits that the parties have

already settled the dispute and filed compromise application under

Section 147 of N.I. Act, in that regard.

3. In view of settlement between the parties, the

compromise application is allowed.

4. Consequently, the criminal revision petition is allowed.

5. The judgment of conviction of sentence passed by the

Trial Court and upheld by the first Appellate Court is hereby set

aside and the petitioner is acquitted for the offence punishable

under Section 138 of N.I. Act and his bail bond stands cancelled.

6. The amount in deposit Rs.18,000/- is ordered to be

refunded to the petitioner/accused after due identification.

7. In view of compromise, I.As does not survive for

consideration, hence all pending IAs are stand disposed of.

Sd/-

JUDGE

SMM