Yashapala M.C vs Monappa Gowda
2023 Latest Caselaw 2236 Kant

Citation : 2023 Latest Caselaw 2236 Kant
Judgement Date : 13 April, 2023

Karnataka High Court

Yashapala M.C vs Monappa Gowda on 13 April, 2023

Bench: S Vishwajith Shetty

                                       -1-
                                               CRL.RP No. 229 of 2023




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 13TH DAY OF APRIL, 2023

                                     BEFORE
                THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                 CRIMINAL REVISION PETITION NO. 229 OF 2023
             BETWEEN:

             YASHAPALA M.C.,
             S/O CHANDRASHEKAR M.,
             AGED ABOUT 32 YEARS,
             R/AT "MANIYANA HOUSE,
             GUTTIGAR VILLAGE AND POST,
             SULLIA TALUK, D.K.DISTRICT-574 218.
                                                        ...PETITIONER
             (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)

             AND:

             MONAPPA GOWDA,
             S/O KRISHNAPPA GOWDA,
             AGED ABOUT 62 YEARS,
             R/AT HOSAVOKLU HOUSE,
Digitally
             NETTHRADKA, AINEKIDU VILLAGE,
signed by    HARIHARAPALLATHDKA POST,
GAYATHRI
PG           SULLIA TALUK, D.K.DIST-574 218
Location:
High Court                                             ...RESPONDENT
of
Karnataka
             (BY MS. POOJA KATTIMANI, ADVOCATE FOR
                 SRI. DINESHKUMAR RAO K., ADVOCATE)

                  THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE
             ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE
             COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND
             ORDER OF CONVICTION DATED 06.04.2021 MADE IN
             C.C.NO.258/2020 BY THE COURT OF CIVIL JUDGE AND JMFC
             SULLIA AND THE JUDGMENT AND ORDER DATED 05.09.2022
             MADE IN CRL.A.NO.5028/2021 BY THE V ADDITIONAL
             DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU SITTING
             AT PUTTUR D.K.
                             -2-
                                    CRL.RP No. 229 of 2023




     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                         ORDER

This criminal revision petition under Section 397 of

Cr.P.C. is filed challenging the judgment and order of

conviction and sentence passed by the Court of Civil Judge

and JMFC Sullia in C.C.No.258/2020 dated 06.04.2021 and

the judgment and order dated 05.09.2022 by the Court of

V Additional District and Sessions Judge, D.K. Mangaluru,

Sitting at Puttur, D.K. in Crl.A.No.5028/2021.

2. Learned counsel for the parties jointly submit

that during the pendency of this revision petition, the

dispute between the parties has been amicably settled and

towards full and final settlement of the dispute, the

respondent/complainant has agreed to receive a sum of

Rs.2,20,000/- from the petitioner and the petitioner has

already paid the entire amount of Rs.2,20,000/- to the

respondent.

CRL.RP No. 229 of 2023

3. Learned counsel for the

respondent/complainant has acknowledged receipt of the

aforesaid amount of Rs.2,20,000/- from the petitioner

towards full and final settlement of his claim.

4. In terms of the settlement arrived between the

parties, they have filed an application under Section 147 of

N.I. Act r/w Section 320 of Cr.P.C. seeking permission of

this Court to compound the offence for which the

petitioner has been convicted by the Courts below.

5. Paragraph 2 of the said application reads as

follows:

2. It is submitted that, the dispute between the parties has been amicably settled t the intervention of the Well-wishers of both the parties. It is submitted that, the petitioner and the respondent have settled the matter for a sum of Rs.2,20,000/- (rupees two lakhs and twenty thousand only) as a full and final settlement and same is paid by the petitioner to the respondent by way of demand draft bearing no.432089 dated 28/03/2023 and therefore the petitioner and respondent jointly prays that this Hon'ble Court may kindly be pleased to permit the

CRL.RP No. 229 of 2023

parties to compound the offence and set aside set aside the judgment and order of conviction dated 06/04/2021 made in C.C.No.258/2020 by the Court of Civil Judge and JMFC Sullia and the judgment and order dated 05/09/2022 made in Crl.Appeal No.5028/2021 by the V Additional District and Sessions Judge, D.K Mangaluru sitting at Puttur D.K. as against the petitioner in view of the settlement arrived between the parties."

6. Having regard to the settlement arrived

between the parties, I am of the view that the parties are

required to be permitted to compound the offence for

which the petitioner has been convicted and sentenced by

the Courts below. Accordingly, the following:

ORDER

I.A.No.3/2023 filed by the parties under Section 147

of N.I. Act read with Section 320 of Cr.P.C. is allowed and

the parties are permitted to compound the offence

punishable under Section 138 of N.I. Act for which the

petitioner has been convicted and sentenced by the Courts

below.