Lokesh S. N vs Somashekara
2022 Latest Caselaw 5868 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 31ST DAY OF MARCH, 2022

                          BEFORE

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

          CRIMINAL REVISION PETITION NO.476/2021

BETWEEN:

LOKESH S.N.,
S/O NANJUNDEGOWDA,
(BADDI KITTAPPA),
AGED ABOUT 43 YEARS,
R/AT CHIKKA SOREKAYIURA VILLAGE,
MATHIGHATTA POST,
HIRISAVE HOBLI,
CHANNARAYAATNA TALUK,
HASSAN DISTRICT-573 201.                      ...PETITIONER

              (BY SRI JAGADEESH H.T., ADVOCATE)

AND:

SOMASHEKARA,
S/O THOPEGOWDA,
AGED ABOUT 46 YEARS,
R/O MUDIGERE VILLAGE,
KENCHANAHALLI POST,
BELLUR HOBLI,
NAGAMANGALA TALUK,
MANDYA DISTRICT.                            ...RESPONDENT

           (BY SRI NAGENDRAKUMAR M K, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTIONS 397 READ WITH 401 OF CR.P.C. PRAYING TO SET ASIDE
THE JUDGMENT AND ORDER DATED 04.02.2021 PASSED BY THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN
CRL.A.NO.54/2020 AND CONFIRMING THE JUDGMENT AND ORDER
DATED 17.08.2019 PASSED BY THE SENIOR CIVIL JUDGE AND
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JMFC, NAGAMANAGALA IN C.C.NO.204/2017 AND ALLOW THIS
PETITION WITH COSTS THROUGHOUT.

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

                              ORDER

Both the parties and their respective learned counsel are

present before the Court.

2. An application is filed under Section 147 of the

Negotiable Instruments Act ('N.I. Act' for short) by both the

parities seeking permission of this Court to compound the

offence, wherein it is stated that the petitioner/accused has paid

the entire cheque amount of Rs.4,50,000/- to the

respondent/complainant and an amount of Rs.90,000/- is

deposited before the Trial Court. Out of the said amount of

Rs.90,000/-, an amount of Rs.88,000/- is payable in favour of

the respondent and the petitioner is also not having any

objection to the same. The remaining amount of Rs.2,000/-

shall vest with the State.

3. With these observations, the petition is disposed of

and permitted to compound the offence and the petitioner is

acquitted for the offence punishable under Section 138 of the

N.I. Act.

Sd/-

JUDGE

MD