Karnataka High Court
Basavaraj S/O Bheemappa Ambiger vs Vikas Daily Share Company on 28 June, 2022
Bench: K.Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL REVISION PETITION NO.100033/2019
BETWEEN
BASAVARAJ S/O BHEEMAPPA AMBIGER,
AGED: 58 YEARS, OCC: NIL,
R/O: STAR BUILDING, PADAYYAN HAKAL,
OLD HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD.
.....PETITIONER
(BY SRI A P MURARI, ADV.)
AND
VIKAS DAILY SHARE COMPANY
HUBBALLI BY ITS MANAGER,
CHANDRAHAS VEERABHADRAPPA KUDARI,
AGED: 60 YEARS,
R/O: JAVALI SAL, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
.....RESPONDENT
(BY SRI GOURISHANKAR MOT, 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
IMPUGNED JUDGMENT DATED 29.12.2018 IN CRL.A.NO.75/2017 PASSED
BY THE I-ADDL. DIST. & SESSIONS JUDGE, DHARWAD SITTING AT
HUBBALLI, AND THE IMPUGNED JUDGMENT DATED 11.07.2017 IN
C.C.NO.49/2017 PASSED BY THE JMFC I-COURT, HUBBALLI, CONVICTING
THE ACCUSED FOR THE OFFENCES P/U/S 138 OF NI ACT AND FURTHER
ACQUIT THE ACCUSED OF THE OFFENCES ALLEGED.
2
THIS REVISION PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This revision petition is filed by the petitioner/accused under
Section 397 of Code of Criminal Procedure, 1973 (hereinafter
referred to as 'Cr.P.C.', for short) for setting aside the judgment of
conviction and order of sentence passed by the Court of J.M.F.C-1,
Hubballi dated 11.07.2017 in C.C.No.49/2017 upheld by the I Addl.
District and Sessions Judge, Dharwad sitting at Hubballi, dated
29.12.2018, in Crl.A.No.75/2017 convicting the petitioner/accused
for the offence punishable under Section 138 of Negotiable
Instruments Act, 1881 (hereinafter referred to as the 'N.I. Act', for
short).
2. During the pendency of this revision petition, both the
petitioner and respondent filed a joint compromise application
under Section 147 of the N.I. Act read with Section 320(1) of
Cr.P.C.
3. The petitioner/accused along with his counsel and son
of the respondent/complainant along with his counsel are present
before the Court.
4. Perused the compromise petition filed by the parties.
5. As per the compromise agreement, the petitioner has
already paid Rs.5,00,000/- vide D.D.No.001936 dated 19.04.2022
drawn in Axis Bank Ltd., Keshwapur, Hubballi in favour of
respondent/complainant and the same is received on 20.04.2022
and acknowledged by the respondent/complainant. It is stated in
the agreement that the petitioner/accused has deposited
Rs.2,00,000/- before the trial Court and the same shall be received
by the respondent/complainant . The remaining amount of
Rs.5,00,000/- shall be paid by the petitioner/accused on or before
31.12.2022.
6. The petitioner/accused and his counsel submit before
the Court that he will pay the remaining amount of Rs.5,00,000/-
on or before 31.12.2022.
7. The submission of the petitioner and his counsel is
placed on record.
8. The respondent's counsel submits that the respondent
may be granted liberty to recover the amount as per Sections 421
and 431 of Cr.P.C., if the petitioner is not paid the remaining
amount.
9. The submission of the respondent's counsel is placed on
record.
10. In view of the above, the compromise application is
accepted.
11. Consequently, the Criminal Revision Petition is allowed.
The judgment of conviction and order of sentence passed by the
Court of J.M.F.C-1, Hubballi dated 11.07.2017 in C.C.No.49/2017
upheld by the I Addl. District and Sessions Judge, Dharwad sitting
at Hubballi, dated 29.12.2018, in Crl.A.No.75/2017 is set aside.
The petitioner/accused is acquitted of the charges under Section
138 of N.I. Act. And his bail bonds stand cancelled.
12. The trial Court is directed to release the amount of
Rs.2,00,000/- deposited by the petitioner/accused in favour of the
respondent/complainant under due identification.
13. If the petitioner is not paid the remaining amount of
Rs.5,00,000/- on or before 31.12.2022, respondent is at liberty to
file application under Sections 421 read with Section 431 of Cr.P.C.
and recover the amount in accordance with law as fine.
Sd/-
JUDGE
Naa
