Prasanna Ganapati Nayak Urf Naik vs M/S Sahydri Vividoddeshagala ...
2023 Latest Caselaw 4101 Kant

                                                   -1-
                                                          NC: 2023:KHC-D:6799
                                                         CRL.RP No. 100214 of 2023




                                    IN THE HIGH COURT OF KARNATAKA

                                            DHARWAD BENCH

                                  DATED THIS THE 6TH DAY OF JULY, 2023

                                                 BEFORE
                                  THE HON'BLE MR JUSTICE ANIL B KATTI
                           CRIMINAL REVISION PETITION NO. 100214 OF 2023 (397-)
                      BETWEEN:

                      PRASANNA GANAPATI NAYAK @ NAIK
                      AGE: 57 YEARS, OCC: BUSINESSMAN
                      R/O: KANAGIL, TQ: ANKOLA,
                      DIST. UTTAR KANNADA-581321
                                                                        ...PETITIONER

                      (BY SRI. HAREESH S. NAYAK, ADVOCATE)

                      AND:

                      1.    M/S SAHYDRI VIVIDODDESHAGALA
                            SAHAKARI SANGHA NIYAMITA ANKOLA
                            REPRESENTED BY SHRI. UDAY PUNDALIK NAIK,
                            AUTHORIZED PERSON, BANKIKODLA, TQ. KUMTA,
                            DIST. UTTARKANNADA
        Digitally
        signed by J
        MAMATHA
J                     2.    THE STATE
MAMATHA Date:
        2023.07.10
        18:30:59            REPRESENTED BY SPP,
        +0530               HIGH COURT OF KARNATAKA,
                            DHARWAD BENCH, DHARWAD-580008
                                                                   ...RESPONDENTS

                      (BY SRI. PRAVEEN UPPAR, HCGP FOR R2
                          SRI. ASHOK C. ANGADI, ADV. FOR R1)


                           THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W
                      401 OF CR.P.C. SEEKING TO ALLOW THE APPEAL AND SET ASIDE
                      THE ORDER DATED 17.05.2022 PASSED BY THE II ADDL. DISTRICT
                      AND SESSIONS JUDGE, UTTAR KANNADA, KARWAR IN CRL.A NO.
                      104/2014 CONFIRMING THE ORDER OF CONVICTION PASSED BY
                             -2-
                                      NC: 2023:KHC-D:6799
                                     CRL.RP No. 100214 of 2023




THE JMFC ANKOLA IN C.C.NO. 399/2008 DATED 01.08.2014 WHERE
BY CONVICTING THE PETITIONER FOR THE OFFENCE P/U/SEC. 138
OF NI ACT AND ACQUIT THE PETITIONER AND CALL FOR RECORDS.

     THIS CRIMINAL REVISION PETITION, COMING ON           FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
                          ORDER

Revision petitioner/accused Shri Prasanna Ganapati

Nayak@ Naik, with counsel Shri.Hareesh S Nayak, learned

counsel for appellant are present.

2. The Manager of the respondent society Sri.Uday

Pundalik Naik, with counsel Shri.Ashok C Angadi, learned

counsel for respondent are present.

3. Heard both sides on the application filed under

Section 320(2) of the Code of Criminal Procedure. It is

reported that the matter is amicably settled between the

parties and the accused has paid entire amount to the

complainant.

4. Appellant and respondent are identified by their

respective counsel.

NC: 2023:KHC-D:6799 CRL.RP No. 100214 of 2023

5. It is stated that in the affidavit filed in support

of the application that accused has paid entire amount to

respondent/society. The Manager of respondent society,

who is present before Court filed affidavit acknowledging

receipt of entire money from revision petitioner/accused.

6. The Court has enquired the parties in the open

Court and both of them submit that they have amicably

settled the matter and they have no objection to allow the

application. The Court is satisfied that parties have agreed

to compound the offence on their own wish and will.

7. The compounding of offence can be permitted

by the Court in terms of Section 147 of Negotiable

Instruments Act.

8. In view of the decision of Hon'ble Apex Court in

Damodar S. Prabhu Vs. Sayed Babalal, H, reported in

AIR 2010 SC 1907, when compounding is permitted at

the appellate stage, the cost has to be imposed. It is true

that when the matter is compounded at the appellate

NC: 2023:KHC-D:6799 CRL.RP No. 100214 of 2023

stage, 15% of the cheque amount will have to be imposed

as a cost and the cost so imposed has to be deposited to

the Legal Services Authority.

9. Hon'ble Apex Court after laying down guidelines

has given discretion to the concerned Court to reduce the

cost by recording reasons. In the present case, accused

with great difficulty has arranged money to pay to the

complainant. The loan amount has been taken 16 years

back. It is not having transaction and the society will not

be put to any loss. Hence, under these circumstances,

reasonable costs of Rs.5,000/- is imposed, then it will

meet ends of justice. Hence, I proceed to pass the

following:

ORDER

Application filed under Section 320(2) of the Code of

Criminal Procedure is hereby allowed.

The parties are permitted to compound the offence

under Section 138 of Negotiable Instruments Act.

NC: 2023:KHC-D:6799 CRL.RP No. 100214 of 2023

The revision petitioner/accused shall deposit fine

amount as ordered by this Court before the Legal Service

Authority of this Court.

In view of accepting compounding of offence

between the parties, the judgment of trial Court and First

Appellate Court are set-aside.

Learned counsel for revision petitioner has to report

compliance of the order within three weeks from today.

In terms of the above, the Criminal Revision Petition

is ordered to be disposed of.

Pending interim applications if any, does not survive

for consideration.

(Sd/-) JUDGE

VB