Sri. H. S. Prasad vs Sri. H. M. Sannaiah
2023 Latest Caselaw 5459 Kant

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                                                           NC: 2023:KHC:28115
                                                        CRL.RP No.234 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 9TH DAY OF AUGUST, 2023

                                               BEFORE
                                THE HON'BLE MRS JUSTICE M G UMA
                          CRIMINAL REVISION PETITION NO.234 OF 2023
                      BETWEEN:

                      SRI. H. S. PRASAD
                      S/O LATE SRI SURESH,
                      AGED ABOUT 32 YEARS,
                      R/O CHENNANAKOTE VILLAGE,
                      POLLIBETTA,
                      VIRAJPET TALUK,
                      KODAGU DISTRICT-571218
                                                                 ...PETITIONER
                      (BY SRI. BHANU PRAKASH H V., ADVOCATE)

                      AND:

                      SRI. H. M. SANNAIAH
                      S/O SRI MADHA,
Digitally signed by   AGED ABOUT 47 YEARS,
LAKSHMINARAYAN
N                     R/O POLLIBETTA,
Location: High
Court of Karnataka    CHENANKOTE VILLAGE,
                      VIRAJPET TALUK,
                      KODAGU DISTRICT-571218
                                                                ...RESPONDENT
                      (BY SRI. JAGADEESH PRASAD R., ADVOCATE)

                          THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
                      ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
                      HONOURABLE COURT MAY BE PLEASED TO: i. SET ASIDE THE
                      ORDER DATED 27.09.2022, PASSED IN CRL.A.NO.5018/2020,
                      ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS
                      JUDGE,  KODAGU-MADIKERI,      SITTING   AT   VIRAJPET,
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                                            NC: 2023:KHC:28115
                                       CRL.RP No.234 of 2023




UPHOLDING AND CONFIRMING THE ORDER OF CONVICTION
AND     SENTENCE     DATED    02.03.2020,   PASSED   IN
C.C.NO.264/2018 ON THE FILE OF PRINCIPAL CIVIL JUDGE
AND J.M.F.C., VIRAJPET FOR THE OFFENCE P/U/S 138 OF N.I.
ACT; ii. SET ASIDE THE ORDER OF CONVICTION         AND
SENTENCE DATED 02.03.2020 PASSED IN C.C.NO.264/2018
ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C.,
VIRAJPET      AND      CONSEQUENTLY       ACQUIT    THE
PETITIONER/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.
ACT.

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

Heard learned for the petitioner and the respondent on

IA.IV of 2023 filed under Section 322 read with Section 482 of

Code of Criminal Procedure seeking permission to compound

the offence and also to report settlement between the parties.

2. Learned counsel for the respondent, who is also a

signatory to the application, submits no objection to allow the

application on the ground that, respondent being complainant,

has already received the amount. Learned counsel for the

respondent has no objection for the petitioner-accused to

withdraw the amount of Rs.6,750/- which is said to have been

deposited before the trial Court. The submission is placed on

record. For the reasons stated therein, IA.IV of 2023 is

NC: 2023:KHC:28115 CRL.RP No.234 of 2023

allowed. The parties are permitted to compound the offence.

Accordingly, I pass the following:

ORDER

1. Revision Petition is allowed;

2. Judgment dated 27th September, 2022 passerd

in Criminal Appeal No.5018 of 2020 on the file

of the II Additional District and Sessions Judge,

Kodagu sitting at Virajpet confirming the

Judgment 02nd March, 2020 passed in CC

No.264 of 2018 by the Principal Civil Judge and

JMFC, Virajpet is set aside;

3. Accused is acquitted for the offence punishable

under Section 138 of Negotiable Instruments

Act.

Sd/-

JUDGE

LNN