Karnataka High Court
Sri. Yallappagouda S/O ... vs Sri. Appanna S/O Shivappa ... on 23 September, 2022
Bench: Shivashankar Amarannavar
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CRL.RP No. 100221 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL REVISION PETITION NO. 100221 OF 2021
BETWEEN:
SRI. YALLAPPAGOUDA
S/O SHASHAPPAGOUDA PATIL
AGE 43 YEARS, OCC. BUSINESS,
R./O. NAGANAPUR VILLAGE,
POST,. LOKAPUR-587122,
TQ. MUDHOL, DIST. BAGALKOT.
...PETITIONER
(BY SRI. K. S. PATIL, ADVOCATE)
AND:
SRI. APPANNA S/O SHIVAPPA CHIGARADDI
AGED 41 YEARS, OCC. AGRICULTURE,
R/O. LAXANATTI-587122
TQ. MUDHOL, DIST. BAGALKOT.
...RESPONDENT
(BY SRI. BHAT U.A. GANAPATHI, ADVOCATE)
Digitally signed
by ROHAN
HADIMANI T
Location: HIGH
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
ROHAN
HADIMANI
T
COURT OF
KARNATAKA
DHARWAD
SECTION 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND
Date:
2022.09.26
15:09:28
SET ASIDE THE JUDGMENT DATED 03.08.2021 PASSED BY THE I
+0530
ADDL DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT
JAMAKHANDI IN CRIMINAL APPEAL NO. 110/2019 AND
JUDGMENT AND SENTENCE DATED 05.11.2019 PASSED BY THE
LEARNED PRL. SENIOR CIVIL JUDGE AND JMFC, MUDHOL IN C.C.
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CRL.RP No. 100221 of 2021
NO. 39/2016 AND REVISION PETITIONER BE ACQUITTED OF THE
OFFENCE ALLEGED U/S 138 OF N.I. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This revision petition is filed under Section 397
read with Section 401 of The Code of Criminal
Procedure, 1973. The revision petitioner has been
convicted for an offence under Section 138 of the
Negotiable Instruments Act(hereinafter referred to
as the 'NI Act', for short) in CC No.39/2016 by the
learned Principal Senior Civil Judge and JMFC,
Mudhol, by judgment dated 05.11.2019 and
sentenced to undergo simple imprisonment for a
period of one year and to pay fine of Rs.9,80,000/-,
in default of payment of fine, to undergo further
simple imprisonment for a period of one year. The
said judgment has been challenged by the petitioner
in Crl.A.No.110/2019 and the same came to be
dismissed by the learned I Additional District and
Sessions Judge, Bagalkot, sitting at Jamkhandi, by
CRL.RP No. 100221 of 2021
order dated 03.08.2021. The revision petitioner has
challenged the said judgments in the present
petition.
2. A Joint compromise application under
Section 147 of the NI Act and Section 320 of the
Code of Criminal Procedure, 1973, is filed. It is
signed by the petitioner and the respondent and by
their respective counsels. The petitioner and the
respondent are present and they are identified by
their respective counsels. The matter is settled for
Rs.7,00,000/-. The revision petitioner has paid
Rs.4,50,000/- in cash to the respondent. The
respondent admits that he has received cash of
Rs.4,50,000/-. The remaining amount of
Rs.2,50,000/- is in deposit in CC No.39/2016 before
the Principal Senior Civil Judge, Mudhol. The
revision petitioner has no objection for the
respondent to withdraw the said amount.
CRL.RP No. 100221 of 2021
3. In view of the above compromise, the
offence under Section 138 of NI Act is compounded.
In view of compounding of offence, the judgments
passed in CC No.39/2016 by the learned Principal
Senior Civil Judge and JMFC, Mudhol, dated
05.11.2019 and confirmed in Crl.A.No.110/2019
passed by the learned I Additional District and
Sessions Judge, Bagalkot, sitting at Jamkhandi, are
set aside. Accordingly, the joint compromise
application is allowed.
The respondent/complainant is permitted to
withdraw Rs.2,50,000/- deposited by the revision
petitioner/accused in C.C. No.39/2016 before the
Principal Senior Civil Judge and JMFC Court, Mudhol.
In view of the above terms, the revision
petition is disposed off.
Sd/-
JUDGE
kmv
