Karnataka High Court
Sri. M Mohammed Ali vs Sri. P A Suresh on 11 December, 2023
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CRL.RP No. 1627 of 2023
NC: 2023:KHC:44861
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.1627 OF 2023
BETWEEN:
SRI. M MOHAMMED ALI
AGED ABOUT 49 YEARS,
S/O M AZEEZ R/AT M.G.ROAD,
SIDDAPUR TOWN, VIRAJPET TALUK,
KODAGU DISTRICT - 571253
...PETITIONER
(BY SMT. LEELA P DEVADIGA, ADVOCATE)
AND:
SRI. P A SURESH
AGED ABOUT 47 YEARS,
S/O LATE ANGARA, GUHYA VILLAGE,
VIRAJPET TALUK,
KODAGU DISTRICT - 571253
...RESPONDENT
Digitally (BY SRI. KARTHIK K N, ADVOCATE)
signed by
REKHA R
Location: High THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
Court of CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED
Karnataka
09.09.2022 PASSED BY THE LEARNED II ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT KODAGU, MADIKERI
SITTING AT VIRAJPETE IN CRIMINAL APPEAL NO.5032/2019
AND ALSO THE JUDGMENT OF CONVICTION DATED 04.11.2019
PASSED BY THE CIVIL JUDGE AND JMFC, AT VIRAJPETE IN
C.C.NO.818/2014 AND CONSEQUENTLY ACQUIT THE
PETITIONER FOR THE CHARGES WITH WHICH THEY STOOD
CHARGE, IN THE INTEREST OF ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.RP No. 1627 of 2023
NC: 2023:KHC:44861
ORDER
Learned counsel for the petitioner is present.
Learned counsel for the respondent is present.
2. Learned counsel for the petitioner submitted
that the petitioner/accused is in judicial custody. His
brother is present before this Court.
3. The compromise petition is filed under Section
320(5) R/w 482 of Cr.P.C. It is supported by joint affidavit
filed by complainant as well as brother of the
petitioner/accused. It is duly signed by the both the
learned counsel. The terms of the compromise petition
reads as under:
i) We state that as the petitioner is presently in
custody at the District Prison in Madikeri, and
he shall be represented by his brother,
M.Saleem.
ii) An amount of Rs.40,000/- was given on loan
to the petitioner by the respondent herein.
When he was unable to repay the amount on
time, a case was filed under Section 138 of the
Negotiable Instruments Act in C.C.No.818/14
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before the Pri.Civil Judge and JMFC at Virajpet.
There is no doubt that the accused/petitioner
has no criminal intention nor did he commit
any crime intentionally. It was a clear error in
judgment and no ill-intention or criminal intent
whatsoever was involved.
iii) We state that on going through the records
and hearing both sides, the learned Judge
passed a judgment dated 04.11.2019 in
C.C.No.818/2014 sentencing the petitioner
herein to repay an amount of Rs.80,000/- and
undergo simple imprisonment of one year.
iv) We state that having no other option, the
petitioner filed an appeal before the II Addl.
District and Sessions Judge at Virajpet in
Crl.Appeal No.5032/2019. the appellate Court
initially suspended the sentence but later,
regrettably, upheld the judgment of the trial
Court vide judgment dated 09.09.2022.
v) I, the complainant herein, state that the
petitioner has repaid the full amount to me and
I have no desire to prosecute the matter
further. the same was brought to the
knowledge on the Prl.Civil Judge and JMFC at
Virajpet in C.C.No.818/14 vide a memo dated
03.11.2022.
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vi) We state that the petitioner is suffering from
heart disease and being kept in custody is
exacerbating his condition.
vii) Under the present facts and
circumstances, the continuation of the
prosecution would be nothing but an abuse of
the process of law and therefore, pray that this
Hon'ble Court exercises its inherent powers
under Section 482, to secure the ends of
justice and quash the proceedings as having
been settled.
viii) We state that we have filed this Affidavit
and made the statements in the affidavit
voluntarily and of out own volition. We are
neither under duress nor subjected to any
pressure to file this Affidavit. We therefore
pray that this Hon'ble Court be pleased to take
this Affidavit on record and treat that the
matter as having been settled and quash the
proceedings, to secure the ends of justice".
4. The cheque amount is of Rs.40,000/- the trial
Court has convicted the petitioner/accused and sentenced
him to undergo simple imprisonment of for period of one
year and to pay fine of Rs.80,000/-.
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5. The Sessions Court has dismissed the appeal
filed by the petitioner/accused and confirmed the Order
passed by the Trial Court.
6. Learned counsel for petitioner/accused has filed
a memo along with documents. These documents includes
a memo submitted by the complainant before the trial
Court stating that he has received the entire amount from
the complainant. However, balance of Rs.5,000/- to be
defrayed to the State towards prosecution expenses,
would be deposited today.
7. Leaned counsel for petitioner is permitted to
deposit Rs.5,000/- today before the Trial Court.
In the light of the compromise entered into between
the parties, I proceed to pass the following:
ORDER
i) The Criminal Revision Petition is allowed.
ii) Impugned order dated 09.09.2022 in
Crl.A.No.5032/2019 passed by the II
Additional District and Sessions Judge,
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Kodagu-Madikeri, sitting at Virajpet, by
confirming the judgment and order dated
04.11.2019, passed by the Principal Civil
Judge and JMFC, Virajpet in
C.C.No.818/2014, are set aside.
Consequently petitioner/accused is
acquitted for the offence punishable
under Section 138 of Negotiable
Instrument Act.
iii) The Trial Court shall release the
petitioner/accused as soon as the
petitioner/accused shall deposit balance
amount of Rs.5,000/- to the State
towards prosecution expenses.
iv) All the pending I.A.s., stand disposed of
as no further order is required
Sd/-
JUDGE
ASN
