Shankarasa Ladwa vs Gajanana Hamsagar
2022 Latest Caselaw 3719 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 04TH DAY OF MARCH, 2022

                      BEFORE

        THE HON'BLE MR. JUSTICE H.P. SANDESH

   CRIMINAL REVISION PETITION NO.1398/2021

BETWEEN:

SHANKARASA LADWA,
S/O NAGOSA LADWA,
(SHANKARALA SA LADHYA),
(S/O. NAGOSHA LADHYA),
AGED ABOUT 56 YEARS,
RESIDING AT 3RD MAIN,
15TH CROSS, RAJARAM COLONY,
HARIHAR-577601.
                                       ... PETITIONER
(BY SRI C.S.HIREMATH, ADVOCATE)

AND:

GAJANANA HAMSAGAR,
S/O LAKSHMANSA HAMSAGAR,
AGED ABOUT 48 YEARS,
RESIDING AT HAMSAGARA COMPOUND,
SHIVAMOGGA ROAD,
HARIHAR-577601.

                                      ... RESPONDENT
(BY SRI.SWAMY SHIVA PRAKASH H., ADVOCATE)


     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 CR.P.C. PRAYING TO SET ASIDE
THE IMPUGNED JUDGMENTS AND ORDERS DATED
21.09.2021 PASSED BY THE LEARNED II ADDL. DISTRICT
AND SESSIONS JUDGE AND SPL. JUDGE, DAVANAGERE IN
CRL. A.NO.65/2017 AND DATED 05.06.2017 PASSED BY
THE LEARNED ADDITIONAL CIVIL JUDGE AND J.M.F.C
HARIHAR IN C.C.NO.84/2008 AND ETC.,
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     THIS CRIMINAL REVISION PETITION COMING ON
FOR ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:


                         ORDER

Both the parties and their respective counsel are

present before the Court and they have filed an

application under Section 147 of N.I.Act along with the

affidavit.

2. In terms of the compromise, the total

amount payable is Rs.7,05,000/- towards the full and

final settlement. The amount of Rs.3,00,000/- was paid

on 16.12.2021 to the respondent and the respondent

has acknowledged the same. Today also, an amount of

Rs.2,50,000/- was paid in favour of the respondent by

way of Demand Draft Dated 19.01.2022. The petitioner

has deposited a sum of Rs.1,55,000/- before the trial

Court in C.C.No.84/2008 and this petitioner has no

objection to withdraw the said amount by the

respondent. In terms of the settlement, all payments

are made and the parties are also before the Court and

the parties have also understood the contents of the

application filed under Section 147 of N.I.Act.

3. In view of the application filed under Section

147 of N.I.ACT along with the affidavit and also having

made the payment as indicated in the application, it is

appropriate to set aside the order of conviction.

4. In view of compounding of the offence, the

petitioner is acquitted of the offence punishable under

Section 138 of N.I.Act. The respondent is permitted to

withdraw the amount, which is in deposit, in terms of

the settlement arrived between the parties.

5. With this observation, petition is disposed

of.

Sd/-

JUDGE

PB