Karnataka High Court
Nanda W/O Late Kotresh Hosangadi vs Laxminarayan Chemicals And ... on 20 December, 2023
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NC: 2023:KHC-D:14909
CRL.RP No. 100472 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL REVISION PETITION NO. 100472 OF 2023
BETWEEN:
NANDA W/O LATE KOTRESH HOSANGADI,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: VIJAY AGRO CENTRE, STALL NO. 7,
DURGADEVI TEMPLE, COMPLEX KAVALETTU,
POST: KUMARPATTANAM, TQ: RANEBENNUR,
DIST: HAVERI-581123.
...PETITIONER
(BY SRI. H.N.GULARADDI, ADVOCATE)
AND:
LAXMINARAYAN CHEMICALS AND FERTILIZERS PVT.LTD
(REG), PLOT NO. 29, INDUSTRIAL AREA,
RAYAPUR, DHARWAD-09,
REPRESENTED BY VADIRAJ S/O GURURAJ DESAI,
AGE: 42 YEARS, R/O: NAVANAGAR,
HUBBALLI, DIST: DHARWAD-580025.
...RESPONDENT
Digitally
signed by
VN
(BY SRI. CHETAN T.LIMBIKAI, ADVOCATE)
VN BADIGER
BADIGER Date:
2023.12.21
15:11:42
+0530
THIS CRIMINAL REVISION PETITION IS FILED U/SEC.
397(1) R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER
OF THE SENTENCE AND CONVICTION PASSED BY THE JUDGMENT
DATED 07.07.2023 IN CRL. APPEAL NO. 5094/2022 PASSED BY
THE I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD,
SITTING AT HUBBALLI CONFIRMING THE ORDER PASSED BY THE
COURT OF JMFC-1 HUBBALLI IN C.C.NO. 4187/2017 DATED
02.11.2022 AND GRANT BAIL AND ACQUIT HER FOR THE
OFFENCES P/U/SEC. 138 OF NI ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:14909
CRL.RP No. 100472 of 2023
ORDER
1. Shri.Chetan T Limbikai, learned counsel has filed
vakalath on behalf of the respondent and the same is taken on
record.
2. Heard Shri H.N.Gularaddi, learned counsel for the
petitioner and Shri.Chetan T Limbikai, learned counsel for the
respondent.
3. Both learned counsel submit that the parties have
settled the dispute amicably and filed an application under
Section 320(1) of Cr.P.C R/w. Section 147 of the N.I.Act. The
same is taken on record.
4. The relevant portion of the application reads as under:
2. The respondent herein filed the complaint
under section 200 of Cr.PC alleging that,
the petitioner has committed the offence
under section 138 of N.I.Act in
C.C.No.4187/2017 before the Court of
JMFC-I Hubballi and the petitioner has
been convicted. Being aggrieved by the
same the petitioner has filed
Crl.A.No.5094/2022 before I-ADDL.
DISTRICT AND SESSIONS JUDGE,
DHARWAD SITTING AT HUBBALLI the and
the conviction order was confirmed.
3. It is the case of the respondent that, the
complainant has issued cheque bearing
NC: 2023:KHC-D:14909
No- 018184 by dated: 24/04/2017 for an
amount of Rs. 4,82,992/-The trial court
convicted the petitioner and sentenced
her to Pay a fine of Rs. 6,00,000/- (Six
Lakhs) and out of the fine amount Rs.
5,80,000/- (Five Lakh Eighty Thousand)
has been ordered to be paid as
compensation to the respondent /
complainant and remaining balance of
Rs. 20,000/- (Twenty Thousand) has been
ordered to remitted to the State
4. The petitioner and respondent submit
that, at the instance of the elders,
amicably. Today the petitioner has
deposited an amount of Rs. 5,80,000/-
(Five Lakh Eighty Thousand) in
respondent Company. The petitioner has
no objection to receive that amount by
the respondent. The respondent has no
objection to compound the sentence and
set aside the conviction Judgment.
For the reasons stated above the
respondent may be permitted to receive the
above-mentioned amount of Rs. 5,80,000/-
(Five Lakh Eighty Thousand) and compound
the offense. The Hon'ble court may be
pleased set aside the sentence of judgment
in Crl. A. No. 5094/2022 dated 07/07/2023
passed by the I-ADDL. DISTRICT AND
SESSIONS JUDGE, DHARWAD SITTING AT
HUBBALLI and as well as the order passed
by the Court of JMFC-I Hubballi in C.C. No-
4187/2017 dated 2/11/2022 and thereby
acquit the petitioner, in the interest of
justice and equity."
5. The Petitioner and the respondent are present and
identified by their respective counsels. The application is duly
NC: 2023:KHC-D:14909
signed by the petitioner, the respondent and their respective
counsel.
6. On reading of the averments of the application,
there is no embargo to this court to record the compromise,
since the offence which is punishable under Section 138 of the
N.I.Act is compoundable in nature. Hence, I proceed to pass
the following:
ORDER
(i) The Criminal Revision Petition stands disposed of
in terms of the compromise.
(ii) The judgment of conviction and order of
sentence dated 07.07.2023, passed by the I
Additional District and Sessions Judge, Dharwad
(sitting at Hubballi) in Crl.A.No.5094/2022,
dismissing the appeal and confirming the
judgment and order of conviction passed by the
JMFC-I, Hubballi in CC.No.4187/2017, dated
02.11.2022 are set aside.
(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of N.I. Act.
(iv) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
VB
