Sri Ravindra K R vs Rajendra H S
2023 Latest Caselaw 1542 Kant

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                                                   CRL.RP No. 1573 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. 1573 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:

             RAJENDRA H. S,
             S/O. SHEKARAPPA GOWDA,
             AGED ABOUT 41 YEARS,
             OCC: AGRICULTURIST,
Digitally
signed by    HEBAILU IN DUMMA VILLAGE,
SUMA         BHEEMANAKERE POST,
Location:    KASABA HOBLI, HOSANAGARA TALUK,
HIGH COURT
OF           SHIVAMOGGA - 577 418.
KARNATAKA                                                    ...RESPONDENT
             (BY SRI. NARAYAN M. NAIK, ADVOCATE)

                   THIS CRL.RP IS FILED U/S.397 R/W SECTION 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.10036/2021 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.39/2018.
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                                       CRL.RP No. 1573 of 2022




     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                             ORDER

I.A.No.1/2023 is filed for 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.1,00,000/- 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.1,00,000/- 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.

CRL.RP No. 1573 of 2022

As a result, the judgment of conviction dated 30.11.2021

passed by the Principal Civil Judge and JMFC, Hosanagara in

C.C.No.39/2018 and the judgment dated 25.08.2022 passed by

the V Additional District and Sessions Judge, Shivamogga,

Sitting at Sagar in Crl.A.no.10036/2021 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/-