Karnataka High Court
Shilpa P Rao vs Hanumantha on 21 July, 2023
Bench: S Rachaiah
-1-
NC: 2023:KHC:25461
CRL.RP No. 310 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 310 OF 2021
BETWEEN:
SHILPA P RAO
AGED ABOUT 36 YEARS
W/O PRAVEEN J RAO
R/AT GURU KRUPA NIVASA
Digitally KOTEGABILU POST
signed by N
UMA NEAR MAHAMMAYE TEMPLE
Location: MOODUBEDRE
HIGH
COURT OF MANGALORE TALUK
KARNATAKA D.K. DISTRICT - 574 142.
...PETITIONER
(BY SRI. MANJUNATH N D, ADVOCATE)
AND:
HANUMANTHA
S/O B DASAR
PATHONJIKATTE
PERVAGE, KARKALA,
KASABA VILLAGE, KARKALA TALUK
UDUPI DISTRICT - 574 118.
...RESPONDENT
(BY SRI. GIRESHA S N, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER OF CONVICTION DATED 18.01.2019
PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT KARKALA IN
C.C.NO.1704/2016 AND ORDER OF DISMISSAL PASSED BY THE
PRL. DISTRICT AND SESSIONS JUDGE AT UDUPI IN
CRL.A.NO.21/2019 DATED 16.01.2020 AND ETC.,
THIS CRIMINAL REVISION PETITION, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC:25461
CRL.RP No. 310 of 2021
ORDER
1. Shri Gireesha S.N, learned counsel filed vakalath on
behalf of the respondent and the same is taken on record.
2. Heard Shri Manjunath N.D, learned counsel for the
petitioner and Shri Gireesha S.N, learned counsel for the
respondent.
3. Both learned counsels submit that the parties have
settled the dispute amicably and filed an application
I.A.No.1/2023 under Section 147 of the Negotiable Instruments
Act (for short "N.I. Act") along with joint affidavit. The same is
taken on record.
4. The Petitioner and the respondent are present and
identified by their respective counsels. The application is duly
signed by the petitioner, the respondent and their respective
counsels. The paragraph No.2 of the joint affidavit reads thus:
"02. I, and respondent have settle this
mater out of court by the intervention of elders
and friends of both of us as per the settlement
the respondent received Rs.3,00,000/- (Rupees
Three Lakhs Only) as full and final settlement
amount."
NC: 2023:KHC:25461
CRL.RP No. 310 of 2021
5. On perusal of the averments made in the
application along with joint affidavit and also on oral submission
made by the petitioner that he has paid Rs.3,00,000/- to the
respondent in terms of the said settlement, there is no
embargo to this Court to record the compromise since the
offence which is punishable under Section 138 of the N.I. Act,
which is compoundable in nature.
6. Accordingly, I proceed to pass the following:
ORDER
(i) I.A No.1/2023 is allowed and the Criminal
Revision Petition stands disposed of in terms of
the compromise.
(ii) The judgment of conviction and order of
sentence dated 18.01.2016 passed in
C.C.No.1704/2016 by the Court of the Principal
Civil Judge and JMFC, Karkala and its
confirmation judgment and order dated
16.01.2020 passed in Crl.A. No.21/2019 by the
Court of the Principal District and Sessions
Judge, Udupu District, Udupi, are set aside.
NC: 2023:KHC:25461
CRL.RP No. 310 of 2021
(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of
Negotiable Instruments Act.
(iv) The Trial Court is directed to release the amount,
in favour of the petitioner / accused, in case, any
amount is deposited in pursuance of the order of
the Appellate Court, on proper identification and
on production of certified copy of the order of
this Court.
(v) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
UN
