Shivakumar S/O Sidramayya ... vs Baburao S/O Kasheppa
2023 Latest Caselaw 4335 Kant

                                                   -1-
                                                          NC: 2023:KHC-K:5264
                                                         CRL.RP No. 200067 of 2022




                            IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

                                 DATED THIS THE 12TH DAY OF JULY, 2023

                                                 BEFORE
                        THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
                        CRIMINAL REVISION PETITION NO. 200067 OF 2022 (397-)
                       BETWEEN:

                       1.    SHIVAKUMAR S/O SIDRAMAYYA BHADRAPNOOR
                             AGED 38 YEARS, OCC. PRIVATE SERVICE AND
                             POOJARI, R/O. VILLAGE BAWAGI,
                             TQ. AND DIST. BIDAR.

                                                                      ...PETITIONER
                       (BY SRI. SANJAY KULKARNI,ADVOCATE)

                       AND:

                       1.    BABURAO S/O KASHEPPA
                             AGE. 28 YEARS, OCC. PVT. SERVICE,
                             R/O. VILLAGE BAWAGI, TQ. AND DIST. BIDAR.

                                                                    ...RESPONDENT
                       (BY SRI RAVI B PATIL, ADVOCATE)

Digitally signed by         THIS CRL.RP FILED U/S 397 R/W 401 OF CR.P.C BY THE
LUCYGRACE
Location: HIGH COURT   ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
OF KARNATAKA
                       HONOURABLE COURT MAY BE PLEASED TO CALL FOR THE
                       RECORDS AND ALLOW THE REVISION PETITION BY SETTING
                       ASIDE THE ORDER DATED 20.07.2019 PASSED BY THE II
                       ADDITIONAL CIVIL JUDGE AND JMFC-II, BIDAR IN C.C.NO.
                       584/2017 FOR THE OFFENCE PUNISHABLE U/S 138 OF
                       NEGOTIABLE INSTRUMENT ACT AND FURTHER PLEASED TO
                       SETASIDE THE ORDER DATED 10.06.2022 PASSED BY THE
                       PRL. SESSIONS JUDGE BIDAR IN CRL.A. 62/2019 AND ACQUIT
                       THE PETITIONER FROM ALL THE CHARGES IN INTEREST OF
                       JUSTICE AND EQUITY.

                            THIS PETITION, COMING ON FOR FINAL HEARING, THIS
                       DAY, THE COURT MADE THE FOLLOWING:
                                  -2-
                                         NC: 2023:KHC-K:5264
                                        CRL.RP No. 200067 of 2022




                                ORDER

The petitioner, who is convicted for the offence punishable under Section 138 of N I Act, is before this Court.

2. The parties are present before this Court and they have filed an application under Section 482 of Cr.PC for compounding of the offence stating that, the parties have amicably settled the dispute among themselves.

3. The application accompanying affidavit is placed on record.

4. A perusal of the application accompanying affidavit indicates that, at the intervention of elders and well wishers, the petitioner and the respondent have settled the dispute between among themselves. The respondent has stated that he has received the entire cheque amount including a sum of Rs.80,000/- deposited before the Trial Court. Therefore, the petition stands disposed of in terms of the settlement arrived at between the parties, and he has no objection for setting aside the impugned judgment of conviction.

5. The impugned order dated 10.6.2022 passed in Crl.A No.62/2019 passed by the Prl. Sessions Judge, Bidar and the order of conviction and sentence and imposition of compensation and fine dated 20.7.2019 passed in CC No.584/2017 by the learned II Additional Civil Judge and JMFC- II, Bidar, are hereby set aside.

NC: 2023:KHC-K:5264 CRL.RP No. 200067 of 2022

6. The respondent - complainant is at liberty to withdraw a sum of Rs.80,000/- deposed before the Trial Court in light of the order dated 13.12.2022 passed by this Court.

Sd/-

JUDGE

BKM