Karnataka High Court
Shri Malagouda S/O Balasaheb ... vs The Veerashaiva Urban on 20 September, 2022
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL REVISION PETITION NO. 100137 OF 2022
BETWEEN:
SHRI. MALAGOUDA
S/O. BALASAHEB PATIL
AGE. 62 YEARS, OCC. BUSINESS,
R/O. HIREGANGE, PLOT NO. 15 ,
DURGAMATA ROAD,
SHAHU NAGAR, BELAGAVI-590010.
...PETITIONER
(BY SRI. ANAND ASTEKAR, ADVOCATE)
AND:
THE VEERASHAIVA URBAN
CREDIT SOUHARDA SAHAKARI NIYAMIT,
HAVING ITS OFFICE AT
SIDDARAMESHWAR COMPLEX,
RAMDEV GALLI, BELAGAVI.
REPRESENTED BY ITS C.E.O.,
MR. OMKAR S/O. BABU KITTUKAR,
AGE. 26 YRS, OCC. SERVICE,
R/O. H.NO-101, PATIL GALLI,
M. VADAGAON, BELAGAVI.
...RESPONDENT
(BY SRI. VITTHAL S. TELI, ADVOCATE)
-2-
CRL.RP No. 100137 of 2022
THIS CRIMINAL REVISION PETITION IS FILED U/S 397
R/W 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS OF THE
CASE BEARING CC NO.674/2019 FROM THE COURT OF THE VII
JMFC, BELAGAVI AT BELAGAVI AND THE RECORDS OF
CRIMINAL APPEAL NO.89/2021 FROM THE COURT OF THE VI
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI AT
BELAGAVI, AND ALLOW THE PRESENT REVISION PETITION
AND SET ASIDE THE JUDGMENT AND ORDER DATED
30.10.2021 PASSED BY THE VI ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BELAGAVI AT BELAGAVI IN CRIMINAL
APPEAL NO.89/2021 CONFIRMING THE JUDGMENT DATED
27.10.2020 PASSED BY THE VII JMFC, BELAGAVI AT BELAGAVI
IN CC NO.674/2019 AND SET THE PETITIONER/ACCUSED AT
LIBERTY.
THIS CRIMINAL REVISION PETITION IS COMING
ON FOR ORDER S, 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 C.C. No.674/2019 by judgment dated
27.01.2020 passed by the J.M.F.C. VII, Belagavi and
CRL.RP No. 100137 of 2022
sentenced to pay fine of Rs.8,98,000/- in default to
undergo simple imprisonment for a period of six months.
The revision petitioner/accused challenged the said
judgment before the learned VI Additional District and
Sessions Judge, Belagavi in Criminal Appeal No.89/2021
and the same came to be dismissed by judgment dated
30.10.2021. The revision petitioner/accused challenged
the aforesaid judgments in the instant revision petition.
2. An application for compounding under Section
147 of N.I. Act read with Sections 320 and 482 of Cr.P.C.
is filed. The revision petitioner/accused is present and he
is identified by his counsel who is present before this
Court. One Vinayak Suresh Mannannavar, C.E.O. of the
respondent/Society is present and as per the resolution
dated 13.02.2021, he is authorized to represent the
respondent/Society, copy of which is enclosed to the
application.
CRL.RP No. 100137 of 2022
3. The said compounding application is supported
by verifying affidavits of the revision petitioner and the
said Vinayak Suresh Mannannavar. The said compromise
petition is signed by the said two persons. The said
Vinayak Suresh Mannannavar is identified by his counsel
who is present before this Court. The matter between the
revision petitioner and the respondent is settled for a sum
of Rs.15,75,000/-. The revision petitioner has deposited
Rs.4,48,500/- and he has no objection for
respondent/Society to withdraw the same. The revision
petitioner/accused hands over the demand draft for
Rs.7,00,000/- bearing No.583052 dated 30.08.2022 drawn
on Karnataka Vikas Grameen Bank, Belagavi and the
respondent's representative accepts the same. The
revision petitioner has undertaken to pay balance sum of
Rs.4,26,500/- on or before 31.12.2022. The said terms of
settlement are authorized by the board resolution of the
respondent dated 20.08.2022, copy of which is enclosed to
the application. The revision petitioner and the
CRL.RP No. 100137 of 2022
respondent's representative submit that compromise is
through their free will and not by any force or fraud or
undue influence.
4. As per the terms of compromise, if the revision
petitioner/accused fails to pay balance sum of Rs.
4,26,500/- on or before 31.12.2022, the conviction
rendered in C.C. No.674/2019 dated 27.01.2020 by the
J.M.F.C. VII, Belagavi stands revived. The revision
petitioner admits the said condition mentioned in the
compromise petition.
5. In view of the above compromise, the offence
under Section 138 of N.I. Act is compounded. In view of
the compounding, the judgments passed in C.C.
No.674/2019 and Criminal Appeal No.89/2021 are set
aside.
6. The respondent is permitted to withdraw
Rs.4,48,500/- deposited by the revision petitioner/accused
CRL.RP No. 100137 of 2022
before the J.M.F.C. VII, Belagavi. If the revision petitioner
fails to pay balance sum of Rs.4,26,500/- on or before
31.12.2022, the conviction rendered in C.C. No.674/2019
dated 27.01.2020 passed by the J.M.F.C. VII, Belagavi,
stands revived.
7. Accordingly, the revision petition is disposed
off.
8. In view of disposal of the revision petition,
pending I.A's if any stand disposed off as they do not
survive for consideration.
Sd/-
JUDGE
SMM
