Karnataka High Court
Sri Vishwanatha vs M/S Shriram Transport Finance Co ... on 14 March, 2023
Bench: S Vishwajith Shetty
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CRL.RP No. 1 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL.R.P. NO. 1 OF 2023
BETWEEN:
SRI VISHWANATHA
S/O DHARNANNA MOOLYA
AGED ABOUT 44 YEARS
R/AT PUDIKELLAYA KODI HOUSE
KALLIGE POST AND VILLAGE
BANTWALA, DAKSHINA
KANNADA - 574 219
KARNATAKA.
...PETITIONER
(BY SRI NAGESHA B.S, ADV.)
AND:
Digitally signed
by B A M/S SHRIRAM TRANSPORT
KRISHNA
KUMAR FINANCE CO LTD
Location: High A PUBLIC LIMITED
Court of
Karnataka COMPANY HAVING ITS
REGISTERED OFFICE AT 123
ANGAPPANAICKEN STREET
CHENNAI-1, HAVING ITS ONE OF
BRANCH OFFICE AT PUTTUR AND
DIVISIONAL OFFICE AT MANGALORE
REP BYITS OFICER AND G.P.A HOLDER
K. VASUDEV, AGED 48 YEARS
S/O K.L BHAT
R/O KODAVOOR HOUSE
UDUPI DISTRICT - 576 108.
...RESPONDENT
(BY SRI K. SHASHIKANTH PRASAD, ADV.)
THIS CRL.R.P. IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
ACQUIT THE PETITIONER BY SETTING ASIDE IMPUGNED JUDGMENT
PASSED IN CRL.A.NO.5048/2020 DATED 15.10.2022 CONVICTING
THE PETITIONER BY THE V ADDL. DISTRICT AND SESSIONS JUDGE,
D.K., MANGALORE SITTING AT PUTTUR D.K., VIDE AT ANNEXURE-A
AND IN C.C.NO.87/2014 DATED 24.02.2020 PASSED BY THE COURT
OF PRL. SENIOR CIVIL JUDGE AND ACJM, PUTTUR D.K., CONVICTING
THE PETITIONER HEREIN VIDE AT ANNEXURE-B.
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CRL.RP No. 1 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This Criminal Revision Petition under Section 397 of Code
of Criminal Procedure, 1973 (for short 'Cr.P.C') has been filed
challenging the judgment and order of conviction and sentence
passed by the Court of Principal Senior Civil Judge and ACJM at
Puttur (for short the 'Trial Court) in C.C.No.87/2014 dated
24.02.2020 and the judgment and order passed by the V
Additional District & Sessions Judge, Dakshina Kannada,
Mangaluru (for short the 'Appellate Court') in
Crl.A.No.5048/2020 dated 15.10.2022.
2. Learned counsel for the parties jointly submit that
the dispute between the parties has been amicably
settled and in terms of settlement, they have filed a joint
memo before this Court today. They submit that the petitioner
has deposited 50% of the fine amount imposed by the Trial
Court and for balance 50% of the fine amount, the petitioner
has issued a demand draft bearing no.859800 in favour of the
respondent and thereby the entire fine amount of
Rs.3,10,000/- is paid by the petitioner.
CRL.RP No. 1 of 2023
3. The joint memo filed by the parties which is also
signed by their respective advocates is taken on record.
4. Having regard to settlement arrived between the
parties, the parties are permitted to compound the offence
punishable under Section 138 of N.I. Act. Accordingly, the
following :-
::ORDER::
Criminal Revision Petition is disposed of in
terms of the joint memo.
The judgment and order of conviction and
sentence passed by the Court of Principal Senior
Civil Judge and ACJM at Puttur in C.C.No.87/2014
dated 24.02.2020 which has been confirmed by the
Court of V Additional District & Sessions Judge,
Dakshina Kannada, Mangaluru in
Crl.A.No.5048/2020 dated 15.10.2022 is set-aside
and the petitioner is acquitted of the offence
punishable under Section 138 of N.I. Act.
The respondent - complainant acknowledges
the receipt of the demand draft for the amount of
CRL.RP No. 1 of 2023
Rs.1,60,000/- paid by the petitioner today. The
respondent - complainant is also permitted to
withdraw amount of Rs.1,50,000/- out of the
amount deposited by the petitioner before the Trial
Court and the balance amount of Rs.10,000/- shall
be remitted to the State.
SD/-
JUDGE
NMS
