H K Sunil vs Sri Jayaram
2022 Latest Caselaw 5676 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 29TH DAY OF MARCH, 2022

                         BEFORE

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

          CRIMINAL REVISION PETITION NO.59/2016

BETWEEN:

H.K. SUNIL,
S/O LATE H.A. KALASABETTAPPA,
AGED ABOUT 38 YEARS,
R/O HULIYURDURGA,
KUNIGAL TALUK,
TUMKUR DISTRICT - 572 123.                  ...PETITIONER

           (BY SRI MADHUSUDHAN M.N., ADVOCATE)

AND:

SRI JAYARAM,
S/O CHIKKATHIMMAIAH,
AGED ABOUT 48 YEARS,
R/O MALLANAYAKANAHALLI,
ATKUR HOBLI, MADDUR TALUK,
MANDYA DISTRICT - 571 428.                 ...RESPONDENT

                (BY SMT. NALINA K, ADVOCATE FOR
               SRI S.K. VENKATA REDDY, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTIONS 397 READ WITH 401 OF CR.P.C. PRAYING TO SET
ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED
11.03.2014 IN C.C.NO.847/2011 PASSED BY THE ADDL. CIVIL
JUDGE AND JMFC, KUNIGAL AND ALSO SET ASIDE THE
IMPUGNED JUDGMENT AND ORDER DATED 22.12.2015 IN
CRL.A.NO.34/2014 PASSED BY THE VI ADDL. DIST. AND S.J.,
TUMKUR BY ACQUITTING THE PETITIONER.
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     THIS CRIMINAL REVISION PETITION COMING ON FOR
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

Both the parties and their respective learned counsel are

present before the Court.

2. The learned counsel for the petitioner has filed an

application under Section 147 of the Negotiable Instruments Act

('NI Act' for short). In support of the application, an affidavit is

sworn to by the petitioner, wherein it is stated that both the

parties have settled the matter amicably and today the petitioner

is making the payment of Rs.85,000/- in favour of the

respondent by way of cash. It is also stated that an amount of

Rs.20,000/- is in deposit before the Trial Court and the

respondent is permitted to withdraw the amount of Rs.15,000/-

and remaining amount of Rs.5,000/- shall vest with the State in

view of the fine imposed by the Trial Court.

3. In view of the averment made in the application and

also the joint memo filed by the parties, permitted to compound

the offence by allowing the application filed under Section 147 of

the NI Act. Consequently, the petitioner is acquitted for the

offence punishable under Section 138 of the NI Act. The learned

counsel for the petitioner also has no objection to withdrawing of

the amount by the respondent, which is in deposit.

4. With these observations, the petition is disposed of.

Sd/-

JUDGE

MD