Sri Ravindra K R vs Shri Ganesha V
2023 Latest Caselaw 1541 Kant

                                        -1-
                                                  CRL.RP No. 1574 of 2022




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 23RD DAY OF FEBRUARY, 2023

                                      BEFORE
                        THE HON'BLE MR JUSTICE R. NATARAJ
                   CRIMINAL REVISION PETITION NO. 1574 OF 2022

            BETWEEN:

            SRI. RAVINDRA K. R,
            S/O. RAGHUPATHI GOWDA,
            AGED ABOUT 45 YEARS,
            OCC: AGRICULTURIST,
            R/O. KEREHALLI VILLAGE,
            KEREHALLI HOBLI, RIPPENPETE POST,
            HOSANAGARA TALUK,
            SHIVAMOGGA - 577 418.
                                                             ...PETITIONER
            (BY SRI. GANESHA R, ADVOCATE)

            AND:

            SHRI. GANESHA V,
            S/O. LINGARAJU,
            AGED ABOUT 27 YEARS,
            R/O. HEBBAILU, DUMMA VILLAGE,
            BHEEMANAKERA POST,
Digitally   KASABA HOBLI, HOSANAGARA TALUK,
signed by
SUMA        SHIVAMOGGA - 577 418.
Location:   KARNATAKA STATE.
HIGH                                                        ...RESPONDENT
COURT OF    (BY SRI. NARAYAN M. NAIK, ADVOCATE)
KARNATAKA

                 THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING
            TO A. SET ASIDE THE JUDGMENT AND ORDER DATED 25.08.2022
            PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE,
            SHIVAMOGGA SITTING AT SAGAR IN CRL.A.NO.10035/2021
            WHEREBY CONFIRMED THE JUDGMENT AND ORDER OF CONVICTION
            DATED 30.11.2021 PASSED BY THE COURT OF THE PRINCIPAL CIVIL
            JUDGE AND JMFC, HOSANAGARA IN C.C.NO.38/2018.

                 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
            COURT MADE THE FOLLOWING:
                                -2-
                                       CRL.RP No. 1574 of 2022




                             ORDER

I.A.No.1/2023 is filed for setting aside the judgment and

order passed by the trial Court and compounding the offence

committed by the petitioner.

2. The petitioner and the respondent have agreed to

settle the dispute and the respondent has agreed to receive a

sum of Rs.1,50,000/- towards full and final settlement of the

amount payable under the cheque.

3. The parties have appeared through video

conference and they are identified by their respective counsels.

4. Learned counsel for the respondent acknowledges

the receipt of the entire sum of Rs.1,50,000/- including the

amount deposited before the trial Court.

5. In view of the above, since the settlement arrived

at between the parties is just and proper, I.A.No.1/2023 is

allowed. Consequently, this revision petition is allowed.

The offence committed by the petitioner under Section

138 of the Negotiable Instruments Act, 1881 is compounded.

As a result, the judgment of conviction dated 30.11.2021

CRL.RP No. 1574 of 2022

passed by the Principal Civil Judge and JMFC, Hosanagara in

C.C.No.38/2018 and the judgment dated 25.08.2022 passed by

the V Additional District and Sessions Judge, Shivamogga,

Sitting at Sagar in Crl.A.no.10035/2021 are set aside.

The petitioner is acquitted of the offence committed

under Section 138 of the Negotiable Instruments Act, 1881.

Any amount deposited by the petitioner before the trial

Court is ordered to be released in favour of the respondent.

A sum of Rs.10,000/- lying before the trial Court is

ordered to be appropriate to the State towards cost.

Sd/-

JUDGE

NR/-