Karnataka High Court
Sri. Diwakar. C. P vs Sri. Sannegowda on 20 December, 2023
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CRL.RP No. 920 of 2022
NC: 2023:KHC:46536
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.920 OF 2022
BETWEEN:
SRI. DIWAKAR. C.P.
S/O SRI. PUTTASWAMY GOWDA
AGED ABOUT 44 YEARS
R/O ANJANEYAKRUPA
DEVAMMA EXTENSION
CHANNAPATNA, HASSAN - 573 201
...PETITIONER
(BY SRI. K.S.GANESHA, ADVOCATE)
AND:
SRI. SANNEGOWDA
S/O CHANNEGOWDA
AGED ABOUT 49 YEARS
R/O AGILE VILLAGE
KASABA HOBLI
Digitally
HASSAN TALUK - 571 187
signed by ...RESPONDENT
REKHA R
(BY SRI. NAGARAJULU NAIDU G, ADVOCATE)
Location: High
Court of
Karnataka THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED
16.03.2022 PASSED BY THE V ADDITIONAL DISTRICT AND
SESSIONS JUDGE, HASSAN IN CRL.A.NO.87/2019 AND ALSO
SET ASIDE THE JUDGMENT DATED 05.03.2019 PASSED BY THE
PRINCIPAL CIVIL JUDGE AND J.M.F.C., HASSAN IN
C.C.NO.5459/2016 IN CONVICTING THE PETITIONER AND
DIRECT THAT THE PETITIONER BE ACQUITTED, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.RP No. 920 of 2022
NC: 2023:KHC:46536
ORDER
Both petitioner/accused and respondent/complainant
and their respective learned counsel are present.
2. A joint compromise petition in the form of
interlocutory application (I.A.No.2/2023) is filed under
Section 147 of the N.I.Act supported by a joint affidavit
duly signed by the petitioner/accused and
respondent/complainant. The terms of the joint
affidavit/compromise petition reads as under:
"We submit that in this petition 1st of us is the
petitioner and 2nd of us is the respondent. The 1st of
us filed this petition challenging the findings of the
trial Court and 1st appellate court, wherein and
whereunder he was convicted for the offence
punishable under Section 138 of N.I.Act.
2. We submit that today the 1st of us has paid the
entire fine amount imposed by the trial Court to the
2nd of us. In view of the payment fine as ordered by
the trial Court, the 1st of us is no more interested to
prosecute this petition further.
3. Therefore, we both pray that, in view of the full
payment of the fine amount, the conviction recorded
by the trial Court in C.C.5459/2016 by the Prl.Civil
NC: 2023:KHC:46536
Judge and JMFC, Hassan and as affirmed by the V
Addl.District and Sessions Judge, Hassan in Criminal
Appeal 87-2019, convicting the 1st of us for the
offence p/u/s 138 be set aside, in the interest of
justice. We swear accordingly."
3. In the light of the compromise entered into
between the parties, the following:
ORDER
i) The Criminal Revision Petition filed under
Section 397 r/w Section 401 of Cr.P.C is
allowed.
ii) The impugned order dated 05.03.2019 in
C.C.No.5459/2016 on the file of Prl.Civil
Judge and JMFC, Hassan and judgment
and order dated 16.03.2022 in
Crl.A.No.87/2019 on the file of
V Addl.District and Sessions Judge,
Hassan, are set aside.
NC: 2023:KHC:46536
iii) Consequently, petitioner/accused is
acquitted for the offence punishable
under Section 138 of N.I.Act.
iv) His bail bonds stand discharged.
v) The Registry is directed to send a copy of
this order to the trial Court forthwith.
In view of disposal of the petition, all pending
applications, if any, are also disposed of.
Sd/-
JUDGE
RR
