Jagadish vs T S Gangadharaiah
2023 Latest Caselaw 6178 Kant

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                                                         NC: 2023:KHC:31129
                                                     CRL.RP No. 831 of 2015




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 30TH DAY OF AUGUST, 2023

                                           BEFORE
                      THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                      CRIMINAL REVISION PETITION NO. 831 OF 2015
                   BETWEEN:

                   JAGADISH
                   S/O CHIKKA LINGAIAH,
                   AGED ABOUT 34 YEARS,
                   R/AT HARIDASANAHALLI VILLAGE,
                   NEERAGUNDA POST,
                   TURUVEKRE TALUK,
                   TUMKUR DISTRICT-572 221.
                                                              ...PETITIONER
                   (BY SRI. CHANDRASHEKARA .K.A, ADVOCATE)
                   AND:

                   T. S. GANGADHARAIAH,
                   S/O LATE SADASHIVAIAH,
                   AGED ABOUT 47 YEARS,
                   R/AT THANDAGA VILLAGE,
                   DABBEGHATTA HOBLI,
Digitally signed   TURUVEKRE TALUK,
by                 TUMKUR DISTRICT-572 221.
RENUKAMBA                                                    ...RESPONDENT
KG                 (BY SRI. THIRUMALESH .K, ADVOCATE)
Location: High          THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
Court of           PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND
Karnataka          SENTENCE DATED 3.8.2013 PASSED BY THE C.J. AND J.M.F.C.,
                   TURUVEKERE IN C.C.NO.422/2008 AND CONFIRMING THE
                   ORDER OF CONVICTION BY MODIFYING THE SENTENCE BY
                   THE JUDGMENT AND ORDER DATED 21.2.2015 PASSED BY THE
                   V ADDL. DIST. AND S.J., TIPTUR IN CRL.A.NO.10007/2013
                   FOR THE OFFENCE P/U/S 138 OF N.I.ACT AND TO ACQUIT THE
                   PETR./ACCUSED.
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                                             NC: 2023:KHC:31129
                                        CRL.RP No. 831 of 2015




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

Mr.Tirumalesh K., learned counsel has filed

power for respondent. The same is placed on record.

The revision petitioner / accused and respondent

/ complainant along with their respective counsels are

present.

2. The parties have filed a joint compromise

petition under Section 147 of the Negotiable

Instruments Act, 1881 reporting compounding of the

offence by settlement. It is also submitted that the

parties have settled the claim for a sum of

Rs.50,000/- and same is received by respondent /

complainant. It is further submitted that the amount

in deposit to the tune of Rs.15,000/- is required to

returned to the revision petitioner / accused.

3. Both the parties have also filed a joint

affidavit reporting settlement. The contents of the

NC: 2023:KHC:31129 CRL.RP No. 831 of 2015

compromise petition are read over and explained to

the parties in presence of their respective counsel in

Kannada language known to them and they admit the

contents are true and correct.

4. I am satisfied that the parties have settled

their dispute amicably without any threat or coercion.

The compromise is not against any settled law. In

view of the same, the application filed under Section

147 of the Negotiable Instruments Act, 1881 needs to

be allowed. Accordingly, I proceed to pass the

following:

ORDER

(i) The application filed by both the parties under Section 147 of the Negotiable Instruments Act, 1881 is allowed. The matter stands compounded.

(ii) The impugned judgment of conviction and order of sentence passed by

NC: 2023:KHC:31129 CRL.RP No. 831 of 2015

learned Civil Judge and JMFC, Turuvekere in C.C.No.422/2008 and confirmed in Crl.A.No.10007/2013 by Learned V Additional District and Sessions Judge vide judgment dated 21.02.2015 are set aside.

(iii) The accused / revision petitioner stands acquitted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

(iv) In view of the compounding of the offence, the bail bonds executed by the accused / revision petitioner stand cancelled.

(v) The amount of Rs.15,000/- deposited by the revision petitioner / accused either before this court or courts below shall be refunded to the complainant / respondent herein as per the terms of the settlement.

NC: 2023:KHC:31129 CRL.RP No. 831 of 2015

(vi) The compromise petition shall be part of this judgment.

Sd/-

JUDGE

SS