K D Chandregowda vs H B Manjunath
2023 Latest Caselaw 3473 Kant

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                                                   NC: 2023:KHC:21117
                                                    CRL.RP No. 26 of 2020



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 19TH DAY OF JUNE, 2023

                                         BEFORE

                          THE HON'BLE MR JUSTICE S RACHAIAH

                      CRIMINAL REVISION PETITION NO. 26 OF 2020

              BETWEEN:

              K.D. CHANDREGOWDA
              S/O LATE DEVEGOWDA,
              AGED ABOUT 40 YEAWRS
              AGRICULTURIST
              RESIDENT OF
              KUDUVALLI VILLAGE AND POST
              CHIKKAMAGALUR TALUK
              DISTRICT CHIKKAMAGALUR
Digitally
signed by N   PIN 577 133.
UMA                                                           ...PETITIONER
Location:     (BY SRI PAWAN KUMAR G, ADV.)
HIGH COURT
OF            AND:
KARNATAKA
              H.B. MANJUNATH
              S/O H.T. BYREGOWDA
              AGED ABOUT 36 YEARS
              AGRICULTURIST AND BUSINESS MAN,
              RESIDENT OF KUDUVALLI VILLAGE
              AND POST, CHIKKAMGALUR TALUK
              DISTRCT CHIKKAMAGALUR
              PIN 577 133.
                                                             ...RESPONDENT
              (BY SRI. VENKATRAMAN K, ADV.)


                     THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO
              SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED
              18.09.2018 PASSED BY THE LEARNED III ADDITIONAL CIVIL JUDGE
              AND JUDICIAL MAGISTRATE FIRST CLASS, CHIKKAMAGALUR IN
              C.C.NO.201/2015 AND JUDGMENT AND ORDER DATED 07.11.2019
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                                         NC: 2023:KHC:21117
                                             CRL.RP No. 26 of 2020



PASSED BY THE HONBLE PRL.DISTRICT AND SESSIONS JUDGE,
CHIKKAMAGALURU IN THE CRL.A.NO.164/2018.


     THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:


                              ORDER

1. Learned Counsel for the respective parties and the

parties are present before the Court.

2. Learned Counsel for both the parties have filed an

application under Section 147 of the Negotiable Instruments

Act, 1881. Paragraph 2 of the said application reads as under:

"2. The petitioner and respondent submits that by intervention of elders, petitioner and respondent settled the matter for a sum of Rs.1,40,000/- and petitioner has no objection to the respondent to withdraw the amount deposited by the petitioner before the trial court in C.C.No.2201/2015 amount of Rs.1,40,000/-, the respondent has no objection to close the case and acquit the petitioner.

3. On perusal of the averments made in the application

and also in view of the settlement arrived at between the

parties, there is no embargo for this Court to accept the said

NC: 2023:KHC:21117 CRL.RP No. 26 of 2020

application and permit the parties to compromise the dispute.

Accordingly, the following:

ORDER

(a) The criminal revision petition is disposed of in terms of the compromise.

(b) The judgment and order of conviction and sentence dated 18.09.2018 passed by the III Addl. Civil Judge & JMFC, Chikmagalur, in C.C.No.201/2015 and the judgment and order dated 07.11.2019 passed by the Prl. District & Sessions Judge, Chikmagalur, in Crl.A.No.164/2018, are set aside.

(c) The petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881.

(d) The bail bonds executed, if any, stands cancelled.

(e) The Trial Court is directed to release the amount to the respondent, forthwith, after proper identification.

Sd/-

JUDGE

KK