Sri Manje Gowda vs Sri N R Manjunath
2023 Latest Caselaw 1747 Kant

                                                    -1-

                                                            CRL.RP No. 662 of 2015




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 9TH DAY OF MARCH, 2023
                                                   BEFORE
                            THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                                        CRL.R.P. No. 662 OF 2015
                      BETWEEN:
                      SRI MANJE GOWDA
                      S/O SRI RAME GOWDA
                      AGED ABOUT 45 YEARS
                      R/O HLRISAVE VILLAGE & HOBLI,
                      CHANNARAYAPAT NA TALUK
                      HASSAN DISTRICT - 571 501.
                                                                      ...PETITIONER
                      (BY SRI NARAYAN S, ADV., FOR
                          SRI R.B. SADASIVAPPA, ADV.)
Digitally signed by
B A KRISHNA
KUMAR                 AND:
Location: High
Court of
Karnataka             SRI N.R. MANJUNATH
                      S/O LATE SRI RAME GOWDA
                      AGED ABOTU 36 YEARS
                      R/O A. NAGATHIHALLI
                      BINDIGANAVILE HOBLI
                      NAGAMANGALA TALUK
                      MANDYA DISTRICT - 571 432.
                                                                     ...RESPONDENT
                      (BY SRI K. PRASANNA SHETTY, ADV.)


                           THIS CRL.R.P. IS FILED U/S.397 CR.P.C PRAYING TO SET
                      ASIDE THE IMPUGNED JUDGMENTS DATED 4.6.2015 PASSED BY THE
                      II ADDL. S.J., MANDYA IN CRL.A.NO.54/2013 BY CONFIRMING THE
                      JUDGMENT DATED 28.2.2013 PASSED BY THE J.M.F.C., MANDYA IN
                      C.C.NO.1015/2006 AND CONSEQUENTLY ACQUIT THE PETR. FOR
                      THE OFFENCE P/U/S 138 OF N.I.ACT.


                           THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                                    -2-

                                           CRL.RP No. 662 of 2015




                              ORDER

This criminal revision petition is filed by the accused

challenging the judgment and order of conviction and sentence

dated 28.02.2013 passed by the JMFC, Mandya, in

C.C.No.1015/2006 and the judgment and order dated

04.06.2015 passed by the II Addl. Sessions Judge, Mandya, in

Crl.A.No.54/2013.

2. Learned Counsel appearing for the parties jointly

submit that pending disposal of this revision petition, the

dispute between the parties has been settled and the petitioner

has agreed to pay the entire amount of Rs.1,50,000/- covered

under the cheque in question to the respondent/complainant in

compliance of the judgment and order passed by the Trial Court

in C.C.No.1015/2006.

3. Having regard to the settlement arrived between the

parties, the parties have filed a joint memo which has been

signed by the petitioner as well as the learned advocates

appearing for both the parties. In the joint memo, it has been

stated that the petitioner shall pay a total sum of Rs.1,50,000/-

to the respondent towards full and final settlement of the

CRL.RP No. 662 of 2015

amount covered under the cheque. Out of the total sum of

Rs.1,50,000/-, a sum of Rs.77,500/- has been deposited by the

petitioner before the Trial Court in C.C.No.1015/2006 on

24.02.2013 and the petitioner has no objection for withdrawal

of the said amount by the respondent/complainant and for the

balance sum of Rs.72,500/-, the petitioner has issued four

demand drafts, the particulars of which are as under:

i) D.D.No.034764 dated 09.03.2023 for Rs.20,000/- drawn on Nyayamitra Sahakari Bank Niyamitha, High Court Branch, Bengaluru;

ii) D.D.No.034765 dated 09.03.2023 for Rs.20,000/- drawn on Nyayamitra Sahakari Bank Niyamitha, High Court Branch, Bengaluru;

iii) D.D.No.034766 dated 09.03.2023 for Rs.20,000/- drawn on Nyayamitra Sahakari Bank Niyamitha, High Court Branch, Bengaluru;

iv) D.D.No.034763 dated 09.03.2023 for Rs.12,500/- drawn on Nyayamitra Sahakari Bank Niyamitha, High Court Branch, Bengaluru;

4. The joint memo filed by the parties is taken on record.

Having regard to the fact that the petitioner has agreed to pay

the entire amount of Rs.1,50,000/- as directed by the Trial

Court in C.C.No.1015/2006, this criminal revision petition is

CRL.RP No. 662 of 2015

disposed of in terms of the joint memo. The parties are

permitted to compound the offence under Section 138 of the

Negotiable Instruments Act, 1884 (for short, 'the Act'). The

judgment and order of conviction and sentence dated

28.02.2013 passed by the JMFC, Mandya, in C.C.No.1015/2006

and the judgment and order dated 04.06.2015 passed by the II

Addl. Sessions Judge, Mandya, in Crl.A.No.54/2013, are set

aside. The petitioner is acquitted of the offence under Section

138 of the Act. The Counsel for the respondent has

acknowledged the receipt of the aforesaid four demand drafts

from the petitioner. The respondent is permitted to withdraw

the amount of Rs.77,500/- deposited by the petitioner before

the Trial Court.

SD/-

JUDGE

KK