Karnataka High Court
Sri Y T Kumar vs Sri H S Venukumar on 6 June, 2023
Bench: S Rachaiah
-1-
NC: 2023:KHC:19282
CRL.RP No. 1363 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1363 OF 2019
BETWEEN:
SRI. Y T KUMAR
S/O THIMME GOWDA
AGED ABOUT 51 YEARS
OWNER, SHWETHA CHEMICALS
Digitally signed INDUSTRIAL AREA KADAKOLA
by SUSHMA KADAKOLA
LAKSHMI B S
MYSORE KASBA, MYSORE
Location: HIGH
COURT OF
KARNATAKA ...PETITIONER
(BY SRI. VIJAYA RAGHAVA SARATHY H M, ADVOCATE)
AND:
SRI. H S VENUKUMAR
S/O LATE SUDARSHANAKUMAR
AGED ABOUT 34 YEARS
R/AT D NO 689, 2ND STAGE
VIJAYANAGAR EXTENSION
BELUR ROAD, HASSAN - 573 201.
...RESPONDENT
(BY SRI. OMKAR BASAVA PRABHU, ADVOCATE) (ABSENT)
THIS CRL.RP FILED U/S.397 R/W S.401 CR.P.C, PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER DATED 23.09.2019
PASSED BY THE VTH ADDITIONAL DISTRICT AND SESSIONS
JUDGE, HASSAN IN CRL.A.NO.250/2018 AND ALSO THE
JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
DATED 14.09.2018 PASSED BY THE PRINCIPAL CIVIL JUDGE
AND JMFC AT HASSAN IN C.C.NO.3589/2016 AND ACQUIT THE
PETITIONER FROM THE ALLEGED OFFENCE & ETC.
THIS CRIMINAL REVISION PETITION, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC:19282
CRL.RP No. 1363 of 2019
ORDER
The petitioner, learned counsel for the petitioner and the
respondent are present physically before the Court. The
petitioner is identified by his counsel. The respondent is
identified by Sri Veerabhadraswamy.H.P., learned counsel.
2. Learned counsel for the petitioner has filed an
application I.A.No.1/2023 under Section 147 of the Negotiable
Instruments Act, 1881 (for short "N.I. Act") along with an
affidavit of even date, seeking for compounding of the offence.
The same is taken on record.
3. Perused the averments made in para Nos.2 to 9 of
the affidavit filed in support of the application, which read
thus:-
"2. It is stated that based on the complaint filed
against the Petitioner by the Respondent herein on the
file of Principal Civil Judge and J.M.F.C Hassan for
offence punishable under 138 of Negotiable
Instruments Act in C.C.No.3589/2016. The Hon'ble
th
Trial Court as per its order dated. 14 of September
2019 has passed the order sentencing the
Accused/Petitioner herein to pay of Rs.12,10,000/-
(Rupees Twelve Lakh Ten Thousand Only) for the
office punishable under Sec.138 of N.I.Act. in default
NC: 2023:KHC:19282
CRL.RP No. 1363 of 2019
of payment of fine amount, the Accused/Petitioner
shall undergo simple imprisonment for a period of six
months.
3. It is stated that being aggrieved by the said order
of sentenced passed by the Hon'ble Trial Court, the
Petitioner/Accused has preferred Criminal Appeal
No.250/2018 on the file of 5th Additional District and
Session Judge, Hassan, while admitting the Appeal the
Hon'ble Appellate court as per its order dated.12-10-
2018 having suspended the sentence has ordered to
deposit Rs.50,000/- (Rupees Fifty Thousand Only)
before the Trail Court within 15 days. Further the
Hon'ble Appellate Court by exercising its power under
Sec.148 of N.I. Act has directed the
Petitioner/Accused herein to deposit a sum equivalent
to 20% and thus passed the order directing the
Petitioner/Accused to deposit further sum of
Rs.1,00,000/- (Rupees One Lakh Only) as per order
dated. 31-12-2018. Accordingly the Petitioner/Accused
has deposited Rs. 1,00,000 on 09-01-2019.
4. It is stated that in pursuance of the same since the
Respondent/Complainant due to financial necessity
has made application under Sec.148(3) of N.I. Act
before the Appellate Court to release the amount,
accordingly the Appellate Court has passed the order
allowing the Application and thus directed the Trial
Court to release the amount of Rs.50,000/- deposited
by the Petitioner/Accused with certain condition.
Similarly, the Appellate Court as per order dated. 15-
07-2019 based on the Application filed by the
NC: 2023:KHC:19282
CRL.RP No. 1363 of 2019
Respondent/Complainant for release of Rs.1,00,000/-
has ordered to release the same with certain
condition. As such the Respondent/Complainant during
the pendency of the Criminal Appeal No.250/2018 has
taken the Rs.1,50,000/- (One Lakh Fifty Thousand
Only) deposited by the Petitioner/Accused before the
Trial and Appellate Court as per the order passed in
Application filed under Sec. 148(3) of N.I. Act.
5. It is stated that the Hon'ble Appellate court having
considered the case on merits has confirmed the order
passed by the Trail, thereby dismissing the Criminal
Appeal No.250/2018 as per order dated. 23rd
September 2019. The Petitioner/Accused being
aggrieved by the order passed by the Trail Court
sentencing him as well as the order passed by the
Appellate Court confirming the Trail Court order has
preferred the present Criminal Revision Petition before
this Hon'ble Court and this Hon'ble Court while
suspending the sentence has passed the order
directing the Petitioner/Accused to deposit 50% of the
total amount accordingly the Petitioner/Accused as per
D.D. No.0035878, dated. 20-12-2019 has deposited
as sum of Rs.4,50,000/- (Rupees Four Lakh Fifty
Thousand Only), before the Trial Court.
6. It is submitted that the Respondent/Complainant
herein in addition to initiating prosecution under
Negotiable Instrument Act against the
Petitioner/Accused has also initiated appropriate civil
proceedings in O.S. No.122/2019 on the file of Ist
NC: 2023:KHC:19282
CRL.RP No. 1363 of 2019
Additional Civil Judge (Senior Division) Hassan, for
recovery of money and the same is pending for final
adjudication.
7. It is submitted in the meanwhile since the
Petitioner/Accused and the Respondent/Complainant
being the friends and their family well-wishers having
joined their hands to negotiate and due to persuasion
of elderly citizens and family members which resulted
an outcome of healthy compromise. Considering the
good relationship and friendship developed in between
the Petitioner and Respondent herein, as a result of
the negotiation the Petitioner/Accused in spite of his
financial difficulty offered has been made to the
Respondent/Complainant he is ready and willing a
total sum of Rs.6,00,000/- to be paid out of total
sentenced amount of Rs.12,00,000/-, which is to be
considered as final settlement.
8. It is submitted that the Respondent/Complainant
has accepted the offer to receiving a sum of
Rs.6,00,000/- (Rupees Six Lakh) out of total
sentenced amount of Rs.12,10,000/- (Rupees Twelve
Lakh Ten Thousand) as final settlement and in lieu of
accepting the same the order and sentenced passed
by the Hon'ble Trail Court C.C. dated. 14-09-2018 on
the file of Principal Civil Judge and JMFC, Hassan and
the order passed in Criminal Appeal No.250/2018,
dated. 23-09-2019 on the file of 5th Additional District
and Session Judge, Hassan required to be set aside or
quashed. Further as made out in the compromise
NC: 2023:KHC:19282
CRL.RP No. 1363 of 2019
arrived in between the Petitioner and Respondent, the
Respondent has accepted to withdraw the civil suit
initiated against the Petitioner herein in O. S. No.
122/2019 on the file of 1st Additional Civil Judge
(Senior Division) Hassan, for recovery of money and
as the dispute with regard to money has been
amicable settled. In furtherance of the same the said
suit has been settled amicably.
9. It is submitted that the Respondent/Complainant as
on today has already received Rs.1,50,000/- (Rupees
One Lakh Fifty Thousand) which already released by
the Hon'ble Appellate Court in Criminal Appeal
No.250/2018 and further in pursuance of order passed
by this Hon'ble Court, the balance of Rs.4,50,000/-
which is already deposited through D.D. No.0035878,
dated. 20-12-2019 before the 5th Additional District
and Session Judge and the same is placed in the
Appellate Court Registry. The Petitioner/Accused has
no objections to release the balance total amount of
Rs.4,50,000/- in favour of the Respondent/
Complainant has final settlement amount by set
asiding the sentenced order passed in C.C.
3589/2019, dated. 14-09-2018 on the file of Principal
Judge and JMFC, Hassan and the order passed in
Criminal Appeal No.250/2018, dated. 23-09-2019 on
the file of 5th Additional District and Session Judge,
Hassan."
NC: 2023:KHC:19282
CRL.RP No. 1363 of 2019
On perusal of the above terms and conditions mentioned in the
said affidavit, the parties have settled the matter amicably and
requested the Court to record the same.
4. The previous counsel for the respondent remained
absent. The respondent is present physically and has filed an
affidavit regarding non-availability of learned counsel who was
appearing on behalf of the respondent. The said affidavit is
taken on record.
5. For identification, the respondent has filed
photocopies of Aadhaar card and PAN card, which indicates his
name as Venukumar H.S. The same are taken on record. The
identification of the respondent is confirmed.
6. In view of the settlement arrived at between the
parties, there is no embargo to this Court to record the
compounding of the offence.
7. Accordingly, I proceed to pass the following:-
NC: 2023:KHC:19282
CRL.RP No. 1363 of 2019
ORDER
(i) I.A.No.1/2023 is allowed. Consequently, the
Criminal Revision Petition is disposed of in terms
of the compromise.
(ii) The judgment of conviction and order of
sentence dated 14.09.2018 passed in
C.C.No.3589/2016 by the learned Principal Civil
Judge and JMFC at Hassan and its confirmation
judgment and order dated 23.09.2019 passed in
Crl.A. No.250/2018 by the learned V Additional
District & Sessions Judge, Hassan are set aside.
(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of N.I. Act.
(iv) Bail bonds executed, if any, stand cancelled.
(v) The assistance rendered by Shri
Veerabhadraswamy H.P., learned counsel,
regarding identity of the respondent is
appreciated and the appreciation is placed on
record.
NC: 2023:KHC:19282
CRL.RP No. 1363 of 2019
(vi) The Trial Court is directed to release the amount
in deposit, in pursuance of the order of this
Court, in favour of the respondent, on proper
identification.
Sd/-
JUDGE
BSS
