Karnataka High Court
Fakkirappa S/O. Hanamanthappa ... vs Vidhyadhar S/O. Laxman Doddamani on 14 September, 2022
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL REVISION PETITION NO. 100108 OF 2022
BETWEEN:
FAKKIRAPPA S/O. HANAMANTHAPPA HASLAKAR
AGE. 65 YEARS, OCC. BUSINESS,
R/O. NALANDA NILAYA, NEAR IRANI COLONY,
GADAG, TQ AND DIST. GADAG-582102.
...PETITIONER
(BY SRI. H. N. GULARADDI, ADVOCATE)
AND:
VIDHYADHAR S/O. LAXMAN DODDAMANI
AGE. 53 YEARS, OCC. AGRICULTURE,
R/O. KOTUMACHAGI,
TQ AND DIST. GADAG-582103.
...RESPONDENT
(BY SRI. SUBHASH J. BADDI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397
R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER OF
THE SENTENCE AND CONVICTION PASSED BY THE 1 ST
ADDITIONAL CIVIL JUDGE AND JMFC, GADAG IN CC
NO.518/2014 BY ITS ORDER DATED 04.10.2017
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CRL.RP No. 100108 of 2022
CONSEQUENTLY THE ORDER PASSED BY THE PRINCIPAL
JUDGE, FAMILY COURT, GADAG IN CRIMINAL APPEAL
NO.34/2017 BY ITS ORDER DATED 18.10.2021 AND ACQUIT
HIM FOR THE OFFENCES PUNISHABLE U/S 138 OF N.I. ACT.
THIS CRIMINAL REVISION PETITION IS COMING
ON FOR HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The revision petitioner has been convicted for the
offence punishable under Section 138 of Negotiable
Instrument Act (hereinafter referred to as 'N.I. Act', for
brevity) in Criminal Case No.518/2014 by judgment dated
04.10.2017 and sentence to undergo simple imprisonment
for a period of six months and to pay fine of Rs.2,55,000/
in default to undergo simple imprisonment for a period of
two months. The revision petitioner has challenged the
same in Criminal Appeal No.34/2017 and the same came
to be dismissed by the Principal Judge Family Court,
Gadag by judgment dated 18.08.2021. The revision
CRL.RP No. 100108 of 2022
petitioner has challenged the said judgments in the instant
petition.
2. An application is filed under Section 320(1) of
Cr.P.C. read with Section 147 of N.I. Act. The said
application is signed by the revision petitioner, respondent
and their respective counsel. The petitioner, respondent
and their respective counsel are present before this Court.
The petitioner and respondent were submits that the
matter is settled for Rs.1,25,000/-. The petitioner has
deposited Rs.25,000/- on 13.11.2017 and Rs.1,00,000/-
before the I Additional Civil Judge and JMFC I Court,
Gadag in Criminal Case No.518/2014.
3. The petitioner has no objection for withdrawal
of the said amount by the respondent.
4. In view of the said settlement, the offence
under Section 138 of N.I. Act is compounded. In view of
the compounding, the judgments passed in C.C.
No.518/2014 by the I Additional Civil Judge and JMFC I
CRL.RP No. 100108 of 2022
Court, Gadag dated 04.10.2017 and judgment dated
18.08.2021 passed in Criminal Appeal No.34/2017 by the
Principal Judge Family Court, Gadag, are set aside.
5. The respondent is permitted to withdraw
Rs.25,000/- deposited on 13.11.2017 and Rs.1,00,000/-
deposited on 26.04.2022 by the revision petition before
the I Additional Civil Judge and JMFC I Court, Gadag in
Criminal Case No.518/2014.
6. Accordingly, the revision petition is disposed
off.
SD/-
JUDGE
SMM
