Karnataka High Court
Sri B Nagesh S/O Mallaiah vs Sri Manjunath S/O M Prahlad on 16 August, 2023
Bench: J.M.Khazipresided Byjmkj
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NC: 2023:KHC-D:8985
CRL.RP No. 100013 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO. 100013 OF 2022
BETWEEN:
SRI B.NAGESH S/O MALLAIAH,
AGE: 68 YEARS
R/O. 12TH CROSS,
M.J. NAGAR VADDARA ONI,
HOSAPETE,
DIST. BALLARI-583101.
...PETITIONER
(BY SRI. ANWAR BASHA B., ADVOCATE)
AND:
SRI MANJUNATH S/O M.PRAHLAD,
AGE: 28 YEARS, OCC: LIC AGENT
R/O. AGASARA ONI,
HOSAPETE, DIST: BALLARI-583101.
...RESPONDENT
CHANDRASHEKAR
LAXMAN
KATTIMANI
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 OF
Digitally signed by CR.P.C. SEEKING TO CALL FOR THE RECORDS ON THE FILE OF 3RD
CHANDRASHEKAR
LAXMAN ADDL. DIST AND SESSIONS JUDGE BALLARI SITTING AT HOSAPETE
KATTIMANI
IN CRIMINAL APPEAL NO.5055/2019 AND ON THE FILE OF II ADDL.
CIVIL JUDGE AND J.M.F.C. HOSAPETE IN C.C. NO.1327/2017 PERUSE
THE SAME AND SET ASIDE THE JUDGMENT OF CONVICTION AND
SENTENCE PASSED BY THE 3RD ADDL. DIST AND SESSIONS JUDGE
IN CRIMINAL APPEAL NO.5055/2019 DATED 02.12.2021 AND THE
JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE II
ADDL. CIVIL JUDGE AND J.M.F.C., HOSAPETE IN C.C.NO.1327/2017
DATED 31.10.2019 AND SET THE PETITIONER AT LIBERTY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.RP No. 100013 of 2022
ORDER
Petitioner/accused and respondent/complainant are
present before the Court. Both learned counsel
representing them are also present.
2. In this revision petition filed u/sec.397 Cr.P.C.,
petitioner who is accused before the trial Court has
challenged the concurrent judgments of the trial Court as
well as the Sessions Court. The trial Court has convicted
him in C.C.No.1327/2017 for the offence punishable
u/sec.138 of N.I. Act. The same is confirmed by the
Sessions Court in Criminal Appeal No.5055/2019.
3. Now, the parties have compromised. A
compromise petition i.e. application u/sec.320 of Cr.P.C.
r/w Section 147 of N.I.Act, duly signed by both parties and
their counsel is filed. The compromise petition reads as
under:
"1. The present Criminal Revision petition is filed U/s.
397 by the Petitioner for setting aside the of the
Judgment of conviction and sentence dated
1327/2017 passed by the Learned IInd Addl Civil
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CRL.RP No. 100013 of 2022
Judge & JMFC, Hosapete in C.C. No.1327/2017 and
the Judgment dated 02.12.2021 passed by the
Learned IIIrd Addl. Dist and Sessions Judge Ballari
sitting at Hosapete in Cri.A.No.5055/2019 who has
confirmed the Judgment of conviction and sentence
passed by the Trial Court under section 138 of
Negotiable Instrument act.
2. It is the case of the complainant/respondent that
the respondent and the present petitioner are known
to each other since several years in view of their
acquaintance the petitioner has availed hand loan of
Rs.2,40,000/- from the respondent on 02.06.2016
and he agreed to repay the same within short period.
It is further in spite of several requests the petitioner
failed to repay the amount, finally on 08.06.2016 the
accused/petitioner issued a cheque bearing no
176939 drawn on UCO Bank Hosapete branch a
some of Rs.2,40,000 in favor of respondent. There
after the compliant / respondent presented the said
cheque for encashment through his banker, the same
was returned with endorsement funds insufficient.
Thereafter the complainant/respondent issued a legal
notice to the accused/petitioner on 14.06.2016
calling upon him to pay the cheque amount within 15
days. The said notice which was sent through
registered post, it was duly served in spite of the
receipt of said legal notice respondent has not replied
nor complied demand made in the notice. On this
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CRL.RP No. 100013 of 2022
allegation the complainant has filed private complaint
bearing PC No u/s 200 of Cr.P.C. before the learned
IInd Addl Civil Judge and JMFC Hosapete against the
petitioner for the offence punishable under 138 of
N.I. act. There after the Hon'ble court has registered
the case as CC 1327/2017 and recording statement
of the complainant the learned trail court has
registered the case and issued a summons to the
accused/petitioner.
3. After hearing of both side, Judgment of conviction
and sentence dated 31.10.2019 passed by the
Learned IInd Addl Civil Judge & JMFC, Hosapete in
C.C.No.1327/2017 and the Judgment dated
02.12.2021 passed by the Learned IIIrd Addl. Dist
and Sessions Judge Ballari sitting at Hosapete in
Crl.A.No.5055/2019, who has confirmed the
Judgment of conviction and sentence passed by the
Trial Court the being aggrieved by the same
petitioner filed the present criminal revision petition
is filed.
4. When this being the case that as per the advice of
elders the parties wanted to decide for settle the
matter in view of the said development the present
application is filled for compounding of offence on
following grounds,
A. It is not disputed that respondent has received
Rs.1,90,000/- from the present petitioner.
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B. It is admitted that the respondent has no
objection to allow this petition with happily had
already received the amount and he assured that in
future he will not claim any relief against the
petitioner and also he admit that no one is forced to
make such compromise.
C. The petitioner and respondent settled their dispute
with free will and consent and also decided to leave
happily in the village.
Wherefore it is most respectfully prays that this
Hon'ble Court may pleased to permit the petitioner
and respondent to compound the order of conviction
and sentence in Judgment of conviction and sentence
dated 31.10.2019 passed by the Learned IInd Addl
Civil Judge & JMFC, Hosapete in C.C. No.1327/2017
and the Judgment dated 02.12.2021 passed by the
Learned IIIrd Addl. Dist and Sessions Judge Ballari
Sitting at Hosapete in Crl.A.No.5055/2019, who has
confirmed the Judgment of conviction and sentence
passed by the Trial Court, who has confirmed the
Judgment of conviction and sentence passed by the
Trial Court, and acquit the petitioner for the alleged
offences in the interest of justice and equity."
4. The matter is settled for Rs.1,90,000/-. Out of
which, Rs.1,80,000/- is already paid. Respondent/
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complainant reports receipt of balance of Rs.10,000/-. The
terms and conditions of the compromise are legal and
equitable. The parties admit the compromise and
execution. Consequently, the compromise is accepted. In
the light of the compromise, I proceed to pass the
following:
ORDER
The criminal revision petition is allowed in
terms of compromise.
The impugned judgment and order of
conviction in C.C.No.1327/2017 dated
31.10.2019, which is confirmed in Criminal
Appeal No.5055/2019 dated 02.12.2021 is set
aside. Petitioner/accused is acquitted of the
offence punishable u/sec.138 of N.I. Act.
Registry is directed to send copy of this
order to the trial Court forthwith.
Sd/-
JUDGE
