Abdul Gaffar vs Bhaskar H N
2023 Latest Caselaw 1582 Kant

                                            -1-
                                                   CRL.RP No. 249 of 2019




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 24TH DAY OF FEBRUARY, 2023

                                         BEFORE
                        THE HON'BLE MR JUSTICE R. NATARAJ
                 CRIMINAL REVISION PETITION NO. 249 OF 2019
             BETWEEN:
             ABDUL GAFFAR
             S/O MOHAMMED GHOUSE,
             AGE 51 YEARS,
             R/AT 5TH MAIN, 2ND CROSS,
             SIDDAIAH NAGARA,
             HASSAN, PIN-573201.
                                                                   ...PETITIONER
             (BY SRI. R. SHASHIDHARA, ADVOCATE)

             AND:
             BHASKAR H.N.
             S/O NARAYANA,
             AGED ABOUT 46 YEARS,
             R/AT SIDDAIAH NAGAR
             B.M.ROAD, HASSAN-573201
                                                                  ...RESPONDENT
             (BY SRI. J.J.GIRISHA, ADVOCATE)
Digitally
signed by           THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SUMA
Location:    SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973
HIGH COURT
OF           PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE V
KARNATAKA
             ADDITIONAL    DISTRICT   AND   SESSIONS     COURT,    HASSAN    IN
             CRL.A.NO.242/2018    DATED     19.01.2019    CONFIRMING        THE
             JUDGMENT PASSED BY THE LEARNED VI ADDITIONAL CIVIL JUDGE
             AND JMFC, HASSAN IN C.C.NO.880/2017 DATED 03.09.2018 AND
             ACQUIT THE ACCUSED BY ALLOWING THIS REVISION.

                    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
             COURT MADE THE FOLLOWING:
                                    -2-
                                            CRL.RP No. 249 of 2019




                              ORDER

The petitioner has challenged the judgment of conviction

dated 03.09.2018 passed by the VI Additional Civil Judge and

JMFC, Hassan (henceforth referred to as 'Trial Court' for short)

in C.C.No.880/2017 for the offence punishable under Section

138 of the Negotiable Instruments Act, 1881 and consequent

sentence to pay fine of Rs.4,15,000/-. The petitioner has also

called in question the judgment dated 19.01.2019 passed by

the V Additional District and Sessions Judge, Hassan, in

Crl.A.No.242/2018 by which, the judgment of conviction passed

by the Trial Court was upheld.

2. When this revision petition was listed for admission,

the parties have filed an application (I.A.No.1/2023) under

Section 147 of the Negotiable Instruments Act, 1881, in terms

of which, the respondent has no objection to compound the

offence committed by the petitioner under Section 138 of the

Negotiable Instruments Act and that the petitioner has agreed

to pay and the respondent has agreed to receive a sum of

Rs.3,50,000/- towards full and final settlement of the amount

payable under the cheque in question. The petitioner submits

that he has no objection for release of the sum of

CRL.RP No. 249 of 2019

Rs.2,07,500/- deposited by him before the Trial Court and that

the balance sum of Rs.1,42,500/- shall be paid within a period

of four months from today.

3. Since the compromise entered into between the

parties is just and proper, application (I.A.No.1/2023) filed by

the petitioner and the respondent is allowed, subject to

compliance of the said terms.

4. Consequently, this revision petition is allowed.

Subject to compliance of the terms set out in I.A.No.1/2023,

the offence committed by the petitioner punishable under

Section 138 of the Negotiable Instruments Act, 1881 is

compounded. The judgment of conviction and order of sentence

dated 03.09.2018 passed by the VI Addl. Civil Judge and JMFC,

Hassan, in C.C.No.880/2017 for the offence punishable under

Section 138 of the Negotiable Instruments Act, 1881 as well as

the judgment dated 19.01.2019 passed by the V Additional

District and Sessions Judge, Hassan in Crl.A.No.242/2018 are

set aside.

5. Subject to the compliance of the terms of the

composition, the petitioner is acquitted of the offence

CRL.RP No. 249 of 2019

punishable under Section 138 of the Negotiable Instruments

Act, 1881.

6. Amount of Rs.2,07,500/- deposited by the

petitioner before the Trial Court/Appellate Court is ordered to

be released to the respondent. If the petitioner fails to pay the

balance sum of Rs.1,42,500/- within the stipulated time, he

shall undergo simple imprisonment for a period of three

months.

7. The imposition of graded cost as per the judgment

of the Hon'ble Supreme Court in the case of Damodar S.

Prabhu vs. Sayed Babalal H [AIR 2010 SC 1907] is

dispensed with in view of the piquant financial condition of the

petitioner.

The Registry is directed forthwith to return the Trial Court

as well as the Appellate Court records.

Sd/-

JUDGE PMR