Sri. Basavaraj S/O. Ratnappa ... vs The Secretary Auto-Riders Credit ...
2023 Latest Caselaw 5644 Kant

                                                 -1-
                                                        NC: 2023:KHC-D:9004
                                                       CRL.RP No. 100140 of 2021




                       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. 100140 OF 2021

                      BETWEEN:

                      SRI. BASAVARAJ S/O. RATNAPPA GUNDAKALLI,
                      AGED ABOUT 46 YEARS,
                      OCC: BUSINESS AND AGRI.,
                      R/O: BAAD, TQ: HUKKERI,
                      DIST: BELAGAVI, PIN -591309.
                                                                   ...PETITIONER
                      (BY SRI. ANAND R. KOLLI, ADVOCATE)

                      AND:

              THE SECRETARY AUTO-RIDERS
              CREDIT SOUHARD SAHAKARI
              NIYAMIT SANKESHWAR,
CHANDRASHEKAR HUKKERI ROAD, SANKESHWAR,
LAXMAN
KATTIMANI     R/O: HUKKERI, DIST: BELAGAVI,
              PIN -591309.
                                                                 ...RESPONDENT
                      (BY SRI. G.D. PATIL, ADVOCATE)
Digitally signed by
CHANDRASHEKAR              THIS CRIMINAL REVISION PETITION IS FILED UNDER
LAXMAN
KATTIMANI             SECTION 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR THE
                      RECORDS IN C.C.NO.150/2015 ON THE FILE OF THE PRL. CIVIL
                      JUDGE AND JMFC, SANKESHWAR AND ALSO THE RECORDS IN
                      CRIMINAL APPEAL NO.149/2019 ON THE FILE OF VII ADDL.
                      DISTRICT AND SESSIONS JUDGE, BELAGAVI AT CHIKODI AND
                      SET ASIDE THE JUDGEMENT AND SENTENCE DATED
                      22/04/2019 MADE IN C.C.NO.150/2015 PASSED BY THE PRL.
                      CIVIL JUDGE AND JMFC, SANKESHWAR AND ALSO THE
                      JUDGMENT / ORDER CONFIRMING THE CONVICTION AND
                      MODIFIED SENTENCE DATED 08/03/2021 MADE IN CRIMINAL
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                                           NC: 2023:KHC-D:9004
                                          CRL.RP No. 100140 of 2021




APPEAL NO.149/2019 PASSED BY THE VII ADDL. DISTRICT
AND SESSIONS JUDGE, BELAGAVI AT CHIKODI AS THE SAME
BEING NOT SUSTAINABLE IN LAW.

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

                             ORDER

The respondent, who is the secretary of the Society

is present.

Sri.G.D.Patil, learned counsel files vakalath for the

respondent-Society.

Learned counsel for the petitioner/accused submits

that NBW issued against him is executed and remanded.

He is taken into custody. He would submit that already

entire amount due is paid.

This revision petition is filed challenging the

conviction of the petitioner/accused for the offence

punishable under Section 138 of Negotiable Instruments

Act. The same is confirmed by the Sessions Court in

Criminal Appeal No.149/2019.

Now the parties have entered into a compromise.

The compromise petition is filed under Section 320(2) read

NC: 2023:KHC-D:9004 CRL.RP No. 100140 of 2021

with Section 482 Cr.P.C., duly signed by the Secretary of

respondent/complainant-Society and their counsel.

Compromise is supported by an affidavit of the Secretary

of respondent/complainant-Society. Certificate issued by

respondent/complainant-Society is also produced

certifying that the entire amount due is received.

In the light of the compromise entered into between

the parties, the impugned judgment and order of

conviction dated 22.04.2019 in CC No.150/2015, which is

confirmed in Criminal Appeal No.149/2019 dated

08.03.2021 are set aside. Consequently, the

petitioner/accused is acquitted of the offence punishable

under Section 138 of N.I.Act. He shall be released

forthwith, if his presence is not required in any other case.

Sd/-

JUDGE

KGK