Karnataka High Court
Firoz vs M/S Sagar Tea Company on 24 August, 2023
Bench: J.M.Khazipresided Byjmkj
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NC: 2023:KHC-D:9477
CRL.RP No. 100005 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO. 100005 OF 2021
BETWEEN:
FIROZ ABDUL AJIJ BAGAWAN @MARAWADI,
AGE: 46 YEARS, OCC: BUSINESS,
R/O: BAGAWAN GALLI, NIPPANI,
TQ: CHIKKODI, DIST: BELAGAVI -591237.
...PETITIONER
(BY SRI. J.S. SHETTY, ADVOCATE)
AND:
M/S SAGAR TEA COMPANY OF NIPPANI,
REPRESENTED BY ITS GPA HOLDER
SRI. DEEPAK HARMANBHAI PAREKH,
AGE: 52 YEARS, OCC: BUSINESS,
R/O: PAGANISH BOL,
CHANDRASHEKAR NEAR NAVANATH TEMPLE,
LAXMAN NIPPANI, TQ: CHIKKODI,
KATTIMANI DISTRICT: BELAGAVI -591237.
...RESPONDENT
(BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE)
Digitally signed by THIS CRIMINAL REVISION PETITION IS FILED UNDER
CHANDRASHEKAR
LAXMAN SECTION 397 R/W 401 OF CR.P.C., SEEKING TO THE ORDER
KATTIMANI DATED 11/12/2020 PASSED BY THE VII ADDL. DISTRICT AND
SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKKODI, IN
CRIMINAL APPEAL NO.285/2019, CONFIRMING THE ORDER OF
CONVICTION AND SENTENCE DATED 22/06/2019 PASSED BY
THE SENIOR CIVIL JUDGE AND JMFC, NIPPANI, IN CRIMINAL
CASE NO.26/2018, (OLD CC NO.205/2005), FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE
INSTRUMENT ACT, MAY KINDLY BE SET ASIDE AND THIS
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NC: 2023:KHC-D:9477
CRL.RP No. 100005 of 2021
CRIMINAL REVISION PETITION MAY KINDLY ALLOWED WITH
COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused and one Deepak Harmanbhai
Parekh, GPA holder of respondent/complainant company
are present. Both counsel are present.
2. The affidavits of both petitioner and GPA holder
of respondent company are filed. In view of the same,
office objections are overruled.
3. A compromise petition duly signed by both
parties and their counsel is filed. It is submitted that in the
execution arising out of civil suit filed for recovery of the
amount due, the entire payment is made. The parties have
sought for setting aside the impugned judgment and order
and amount in deposit before the trial Court is to be
returned to the petitioner/accused.
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CRL.RP No. 100005 of 2021
4. I have gone through the terms and conditions
of the compromise and they are legal and equitable. The
compromise is accepted. In the light of the compromise
entered into between the parties, the following:
ORDER
The criminal revision petition is allowed in
terms of compromise.
The impugned judgment and order dated
22.06.2019 in C.C.No.26/2018 (old
C.C.No.205/2005) on the file of Senior Civil
Judge and J.M.F.C., Nippani which is confirmed
by the order dated 11.12.2020 in Criminal
Appeal No.285/2019 on the file of VII
Addl.District and Sessions Judge, Belagavi
sitting at Chikkodi are hereby set aside.
Petitioner/accused is acquitted for the
offence punishable under Section 138 of N.I.
Act.
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CRL.RP No. 100005 of 2021
The petitioner/accused is at liberty to
withdraw the amount in deposit before the trial
Court.
Registry is directed to send back the trial
Court records along with copy of this order.
Sd/-
JUDGE
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