Karnataka High Court
Sri. P. V. Hiremath vs Sri. K. Shivalingappa on 17 July, 2023
Bench: S Rachaiah
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NC: 2023:KHC:24834
CRL.RP No. 1432 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1432 OF 2022
BETWEEN:
SRI. P. V. HIREMATH
S/O VIRUPAKSHAIAH HIREMATH
AGE 39 YEARS
P.E TEACHER
SRI SIDDAVIRESHWARA HIGHER SCHOOL, MOODI
R/O ANAVATTI MAIN ROAD
SORABA TALUK
SHIVAMOGGA DISTRICT - 577 413.
...PETITIONER
(BY SRI. MAHESH R UPPIN, ADVOCATE)
AND:
SRI. K. SHIVALINGAPPA
S/O PUTTAPPA KODAD
AGE 71 YEARS
R/O MOODI VILLAGE
ANAVATTI HOBLI, SORABA TALUK
Digitally SHIVAMOGGA DISTRICT - 577 413.
signed by N
UMA
Location: ...RESPONDENT
HIGH
COURT OF (BY SRI. VASANTHAKUMAR K M, ADVOCATE)
KARNATAKA
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER DATED 08.09.2022
PASSED IN CRIMINAL APPEAL NO.10037/2021 ON THE FILE OF
THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE,
SHIVAMOGGA SITTING AT SAGAR AND THE JUDGMENT AND
ORDER DATED 29.11.2021 PASSED BY THE SENIOR CIVIL
JUDGE AND J.M.F.C. SORABA IN C.C.NO.2/2020 AND ETC.,
THIS CRIMINAL REVISION PETITION, COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:24834
CRL.RP No. 1432 of 2022
ORDER
1. This Criminal Revision Petition is filed by the
petitioner, being aggrieved by the judgment of conviction and
order of sentence dated 29.11.2021 in C.C.No.2/2020 on the
file of the Court of Senior Civil Judge and JMFC, Soraba and its
confirmation judgment and order dated 08.09.2022 in
Crl.A.No.10037/2021 on the file of the Court of V Additional
District and Sessions Judge, Shivamogga, sitting at Sagar,
seeking to set aside the concurrent findings recorded by the
Courts below, wherein the petitioner / accused is convicted for
the offence punishable under Section 138 of the Negotiable
Instruments Act (for short 'N.I Act).
2. Heard Shri Mahesh R.Uppin, learned counsel for the
petitioner and Shri Vasantha Kumar K.M, learned counsel for
the respondent.
3. Both learned counsels submit that the parties have
settled the dispute amicably and filed joint application
I.A.No.1/2023 under Section 147 of the N.I. Act along with a
Joint Affidavit of even date. I.A.No.1/2023 and the joint
affidavit are taken on record.
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CRL.RP No. 1432 of 2022
4. The Petitioner and the respondent are present and
identified by their respective counsels. The Joint Affidavit is
duly signed by the petitioner, the respondent and their
respective counsels. Paragraph Nos.3 and 4 of the Joint
Affidavit reads thus:
"3. The Respondent filed private complaint CC
No.2/2020 for the offence punishable under
Section 138 of the NI Act against the petitioner
on the file of the learned Senior Civil & J.M.F.C.
Soraba for the cheque amount of Rs.2,00,000/-
(Two lakh). The learned Civil Judge & JMFC, by
an Order dt: 29-11-2021 convicted the petitioner
for the offence punishable under Section 138 of
the Negotiable Instruments Act and sentenced to
a term of one year simple imprisonment and fine
of Rs. 2,50,000/- and in default to pay fine, the
accused shall undergo simple imprisonment for a
period of three months. The said Judgment and
order of sentence was confirmed by an Order dt:
8-09-2022 passed in Criminal Appeal No.
10037/2021 on the file of the learned V Addl.,
District & Sessions Judge, Shivamogga Sitting at
Sagar.
4. Now during the pendency of the above
Revision Petition, at the intervention and advise
of the elders of the village, both the parties have
settled the above matter."
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CRL.RP No. 1432 of 2022
5. In terms of the averments stated above, the parties
have settled the matter amicably and sought to dispose of the
matter as per the terms and conditions stated above. Their
submission is placed on record. On perusal of the above said
terms and conditions and also considering the offence which is
punishable under Section 138 of the N.I. Act is compoundable
in nature, there is no embargo to this Court to record the
compromise.
6. Accordingly, I proceed to pass the following:
ORDER
(i) I.A.No.1/2023 is allowed. Consequently, the
Criminal Revision Petition stands disposed of in
terms of the compromise.
(ii) The judgment of conviction and order of
sentence dated 29.11.2021 passed in
C.C.No.2/2020 on the file of the Court of Senior
Civil Judge and JMFC, Soraba and the judgment
and order dated 08.09.2022 in
Crl.A.No.10037/2021 on the file of the Court of V
Additional District and Sessions Judge,
Shivamogga, sitting at Sagar, are set aside.
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CRL.RP No. 1432 of 2022
(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of N.I. Act.
(iv) The Trial Court is directed to release the amount,
which is deposited by the petitioner / accused in
favour of the respondent / complainant, on
proper identification.
(v) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
UN
