Karnataka High Court
Sri.Ashok Yallappakorvi vs Smt.Latha W/O Yashwant Savant on 7 March, 2022
Bench: P.N.Desai
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE P.N.DESAI
CRIMINAL REVISION PETITION NO.100138/2019
BETWEEN:
ASHOK YALLAPPA KORVI
AGE.52 YEARS, OCC.RETIRED
R/O: PLOT NO.33, 34
YASHWANT BHAWAN
NANAWADI, BELAGAVI.
...PETITIONER.
(BY SHRI CHIDAMBAR S. HONAGEKAR ADVOCATE, FOR
SMT.NAGARATNA S. PATTAR, ADVOCATE.)
AND:
SMT.LATHA W/O YASHWANT SAVANT
AGE.60 YEARS, OCC. HOUSEHOLD
R/O: AT POST: MAHIPALGAD
TAL. CHANDGAD, DIST. BELAGAVI.
...RESPONDENT.
(BY SHRI PRAVEEN S PATTAR, ADVOCATE.)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF THE CODE OF
CRIMINAL PROCEDURE, 1973, SEEKING THAT THE JUDGMENT AND
ORDER DATED 04.05.2019 PASSED IN CRL.A.NO.351/2018 BY THE
X-ADDL. SESSIONS JUDGE, BELAGAVI, DISMISSING THE APPEAL
AND THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
DATED 15.11.2018 PASSED IN C.C.NO.439/2018 BY THE JMFC VII
COURT, BELAGAVI, FOR THE OFFENCE PUNISHABLE UNDER
2
SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881, BE
SET ASIDE AND CONSEQUENTLY THE REVISION PETITIONER BE
ACQUITTED, ETC.,.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT PASSED THE FOLLOWING:
ORDER
The learned counsel for the petitioner Smt.Nagaratna
Pattar, is present through video conferencing and identified
the petitioner Shri Ashok Yallappa Korvi, who in turn
represented by Shri Chidambar S. Honagekar in the Open
Court.
2. The learned counsel for the respondent Shri
Praveen S. Pattar, is present through video conferencing and
she identified the respondent Smt.Latha W/o.Yashwant
Savant.
3. They filed a joint memo under Section 147-A of
the Negotiable Instruments Act, 1881 stating that the
petitioner has already deposited Rs.1,58,000/- before the
trial Court and paid Rs.42,000/- by way of cash on 3.3.2012
to the respondent. The respondent stated that she has
acknowledged the receipt of cash by executing a separate
receipt also and she has no claim for the petitioner in future.
4. Heard the learned counsel appearing for the
respective parties through video conferencing, their proxy
counsel and also both the parties present in the Open Court.
5. I am satisfied that the compounding of the
offence between the complainant and accused is free and
voluntary one and it is lawful. The respondent has stated that
there is no threat or coercion on her and she has agreed
voluntarily to compound the offence. Hence, the same is
accepted.
6. In view of the compounding of the offence, the
petitioner is acquitted of the offence punishable under section
138 of the Negotiable Instruments Act, 1881. The judgment
of conviction and order of sentence dated 15.11.2018, passed
by the VII-JMFC Court, Belagavi, in C.C.No.439/2018, which
is confirmed by the X Addl. Sessions Judge, Belagavi, in
Crl.A.No.351/2018 by judgment dated 4.5.2019, is hereby
set aside. The accused is acquitted.
7. The complainant/respondent is permitted to
withdraw the amount in deposit before the trial Court as
mentioned in the joint memo. Accordingly the petition is
disposed off.
Sd/-
JUDGE
Mrk/-
