Karnataka High Court
Sri Ataulla Rehman vs Sri N Onkaramurthy on 7 December, 2023
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CRL.RP No. 286 of 2023
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.286 OF 2023
BETWEEN:
SRI ATAULLA REHMAN
S/O RASOOL SAB,
AGED ABOUT 45 YEARS,
LINEMAN, MESCOM,
BEGUR VILLAGE AND POST,
AJJAMPURA HOBLI, TARIKERE TALUK,
CHIKMAGALUR DISTRICT
...PETITIONER
(BY SRI. RAVIKUMAR N R, ADVOCATE)
AND:
SRI N ONKARAMURTHY
S/O NAGAPPA,
AGED ABOUT 46 YEARS,
R/O KOTE, AJJAMPURA TOWN,
TARIKERE TALUK,
Digitally signed
by REKHA R CHIKMAGALUR DISTRICT.
Location: High ...RESPONDENT
Court of (BY SRI. S.K.KALLEGOWDA, ADVOCATE)
Karnataka
THIS CRL.RP IS FILED UNDER SECTION8 397 R/W 401
OF CR.P.C PRAYING TO a) SET ASIDE THE JUDGMENT DATED
13.09.2022 PASSED IN CRIMINAL APPEAL NO.108/2022 BY
THE PRINCIPAL JUDGE FAMILY COURT AT CHIKMAGALUR AND
ALSO THE JUDGMENT AND CONVICTION OF SENTENCE DATED
05.11.2020 PASSED BY THE CIVIL JUDGE AND ADDL. J.M.F.C.
AT TARIKERE IN C.C.NO.818/2014 AND DISMISS THE
COMPLAINT OF THE RESPONDENT; b) PASS SUCH OTHER
RELIEF/S ORDER/S BY MODIFYING THE IMPUGNED
JUDGMENTS AS DEEMED FIT BY THIS HON'BLE COURT UNDER
THE FACTS AND CIRCUMSTANCES.
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CRL.RP No. 286 of 2023
NC: 2023:KHC:44453
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused and respondent/complainant are
present.
Both learned counsel for the petitioner and learned
counsel for the respondent are present.
2. A compromise petition (I.A.No.3/2023) is filed
under Section 147 of N.I.Act r/w Section 320(6) and (8) of
Cr.P.C along with joint affidavit is filed according to which
the parties have settled the matter. The terms read as
under:
"1. The petitioner herein was arraigned as an
accused in C.C.No.818/2014 on the file of the Civil
Judge & Addl.JMFC at Tarikere for the offence
punishable under Section 138 of N.I.Act. The
respondent herein is the complainant in the
aforesaid case.
2. The learned Civil Judge and Addl. JMFC at
Tarikere vide judgment and order dated 05.11.2020
was pleased to convict the accused/petitioner for
the O/P/U/S 138 N.I.Act sentenced him to pay a
fine of Rs.6,44,680/- and in default of payment of
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fine amount, to undergo simple imprisonment for a
period of three months. Acting under Section 357
(a)(b) of Cr.P.C out of fine amount of Rs.6,44,680
an amount of Rs.6,35,000/- is ordered to be paid as
compensation to be paid to the complainant and
rest of the amount shall be remitted to state.
3. It is submitted that, the petitioner herein
aggrieved by the judgment and order of conviction
and sentence passed in C.C.No.818/2014 on the file
of the Senior Civil Judge & Addl. JMFC at Tarikere
has preferred the Appeal viz Crl.Appeal
No.108/2022 before the Prl. Judge, Family Court at
Chikmagalur. The learned Appellate Judge,
Chikmagalur by the judgment and order dated
13.09.2022 pleased to dismiss the appeal and
confirmed the judgment and order of sentence
passed by the Senior Civil Judge & Addl. J.M.F.C at
Tarikere.
4. It is submitted that, the present petition has
been filed by the petitioner herein praying this
Hon'ble Court to set aside the judgment and order
dated 05.11.2020 on the file of the Senior Civil
Judge and Addl. J.M.F.C. at Tarikere in
C.C.No.818/2014 and confirmed by the 1st Appellate
Court in Crl.Appeal No.108/2022 dated 13.09.2022.
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5. It is submitted that, now at the intervention
of elders and well wishers, the parties in the above
cases, viz petitioner/accused and respondent/
complainant have settled their dispute amicably.
Accordingly, the petitioner / accused herein has paid
sum of Rs.4,00,000/- (Rupees Four Lakhs only) by
way of cash to the respondent / complainant herein
towards full and final settlement of claim of the
respondent / complainant herein in the above case
and same has been acknowledged by the
respondent / complainant.
6. It is submitted that, now in view of the
settlement arrived between the parties, the
respondent / complainant herein has no objection to
allow this petition and set aside the judgment and
conviction of sentence passed in C.C.No.818/2014
on the file of the Senior Civil Judge and Addl.
J.M.F.C, Tarikere dated 05.11.2020 and confirmed
by the Prl. Judge, Family court, Chikmagalur in
Crl.Appeal No.108/2022 dated 13.09.2022 for the
offence punishable under section 138 of N.I.Act, and
to acquit the petitioner / accused in the above case.
Wherefore, the petitioner and the respondent in the
above cases prays that, this Hon'ble court be
pleased to pass the order permit them to compound
the above case and set aside the judgment and
order dated 05.11.2020 in C.C.No.818/2014 on the
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file of the Senior Civil Judge and Addl. J.M.F.C,
Tarikere and confirmed by the Prl. Judge, Family
Court, Chikmagalur in Crl.Appeal No.108/2022
dated 13.09.2022 and acquit the petitioner in Crl.
Revision Petition No.286/2023 for the offence
punishable under section 138 of N.I.Act. as per the
settlement arrived between the parties to meet the
ends of justice."
4. The trial Court has imposed fine of
Rs.6,44,680/-. However, the parties have settled the
matter for Rs.4,00,000/- and that the entire amount is
paid during the month of September 2023. The
respondent/complainant reports receipt of the entire
amount.
5. The parties admit the compromise and due
execution. It is signed by both the parties and their
learned counsel. The terms of compromise are legal and
equitable. In the light of the compromise entered into
between the parties, I proceed to pass the following:
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ORDER
i) I.A.No.3/2023 filed under Section 147 of
N.I.Act r/w Section 320(6) & (8) of
Cr.P.C is hereby allowed.
ii) The impugned order dated 13.09.2022 in
Crl.A.No.108/2021 passed by Prl. Judge,
Family Court, Chikkamagalur, by
dismissing the appeal and thereby
confirming the judgment and order dated
05.11.2020, in C.C.No.818/2 on the file
of Civil Judge and Addl.JMFC, Tarikere in
C.C.No.818/2014, are set aside.
iii) Consequently, petitioner/accused is
acquitted for the offence punishable
under Section 138 of Negotiable
Instrument Act.
iv) Bail bond of the accused and surety bond
shall stand cancelled.
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v) The Registry to send back the trial Court
record along with copy of this order
forthwith.
Sd/-
JUDGE
RR
