Karnataka High Court
Sri C V Shankarappa vs Sri Krishnappa on 5 April, 2023
Bench: S Vishwajith Shetty
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CRL.RP No. 270 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL.R.P.No. 270 OF 2023
BETWEEN:
SRI C.V. SHANKARAPPA
S/O VENKATARAVANAPPA
AGED ABOUT 52 YEARS
R/AT CHAMAPALLI VILLAGE
RONUR HOBLI AND POST
SRINIVASAPURA TALUK
KOLAR DISTRICT - 563 126.
...PETITIONER
(BY SRI R.V. SHIVANANDA REDDY, ADV.)
Digitally signed AND:
by B A KRISHNA
KUMAR SRI KRISHNAPPA
Location: High
Court of S/O LATE GANGAPPA
Karnataka
AGED ABOUT 55 YEARS
R/AT K R EXTENSION
WARD NO 12
NEAR MWA SCHOOL
CHINTAMANI TOWN
CHIKKABALLAPURA DISTRICT
PIN - 563 125.
...RESPONDENT
(BY SRI VENUGOPAL G.M, ADV.)
THIS CRL.R.P. IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER IN C.C.NO.888/2016 DATED
08.03.2021 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC
CHINTAMANI AND CRL.A.NO.26/2021 DATED 30.12.2021 BEFORE
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
CHIKKABALLAPURA SITTING AT CHINTAMANI AND ACQUIT THE
RESPONDENT FOR THE OFFENCE P/U/S.138 OF NI ACT.
THIS PETITION, COMING ON FOR ORDER, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.RP No. 270 of 2023
ORDER
This criminal revision petition under Section 397 Cr.PC is
filed by the accused challenging the judgment and order dated
08.03.2021 passed by the Prl. Civil Judge & JMFC, Chintamani,
in C.C.No.888/2016 and the judgment and order dated
30.12.2021 passed by the II Addl. District & Sessions Judge,
Chikkaballapura sitting at Chintamani, in Crl.A.No.26/2021.
2. Learned Counsel for the parties jointly submit that the
dispute between the parties has been amicably settled during
the pendency of this revision petition and towards full and final
settlement of the amount covered under the cheque in
question, the respondent-complainant has agreed to receive a
sum of Rs.3,50,000/- from the petitioner, which the petitioner
has already paid. The respondent-complainant who is present
in person before the Court admits the receipt of the aforesaid
amount of Rs.3,50,000/- from the petitioner towards full and
final settlement of his claim in the present case.
3. Learned Counsel for the parties jointly submit that they
have now filed an application under Section 147 of the
Negotiable Instruments Act, 1881 (for short, 'the Act') which is
CRL.RP No. 270 of 2023
signed by both the parties and their respective advocates,
seeking permission of this Court to compound the offence for
which the petitioner was convicted and sentenced by the courts
below.
4. Having regard to the settlement arrived at between the
parties, the application filed under Section 147 of the Act is
taken on record. Paragraph 4 of the said application reads as
under:
"4. It is further submits that, after dismissal
of the criminal appeal the Respondent and
petitioner are settled at the intervention of well-
wishers, friends, and family members of both the
parties. The parties are amicably settled the same
out of the court for a total sum of Rs.3,50,000/-
full and final settlement. Both the parties have
agreed to said amount. The petitioner has paid
entire settlement amount for a sum of
Rs.3,50,000/- by way of cash and the respondent
same has acknowledged."
5. Having regard to the settlement arrived at between the
parties, the parties are required to be permitted to compound
the offence for which the petitioner was convicted and
CRL.RP No. 270 of 2023
sentenced by the courts below. Accordingly, the following
order:
6. IA-3/2023 filed under Section 147 of the Act is
allowed. Having regard to the settlement arrived at between
the parties, they are permitted to compound the offence under
Section 138 of the Act for which the petitioner has been
convicted and sentenced by the courts below. Consequently,
the revision petition is allowed and the judgment and order of
conviction and sentence passed by the courts below are set
aside. The petitioner is acquitted of the offence under Section
138 of the Act.
Sd/-
JUDGE
KK
