Karnataka High Court
T. S. Gopal vs S. M. Vijayakumar on 24 March, 2023
Bench: S Vishwajith Shetty
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CRL.RP No. 231 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO.231 OF 2019
BETWEEN:
T.S. GOPAL
S/O. LATE SHESHAGIRI,
AGED ABOUT 52 YEARS,
R/O. RANGANATHA NILAYA,
OPP. TO STATE BANK OF MYSORE,
MAIN BRANCH,
RAILWAY STATION ROAD, TIPTUR,
TUMAKURU DISTRICT - 572 201. ... PETITIONER
(BY SRI CHANDRASHEKARA K.A., ADVOCATE)
AND:
S.M. VIJAYAKUMAR
S/O. S.C. MAHALINGAPPA,
AGED ABOUT 38 YEARS,
R/O. SUGURU @ POST
Digitally signed NONAVINAKERE HOBLI,
by SHYAMALA TIPTUR TALUK,
Location: HIGH TUMAKURU DISTRICT - 572 201. ... RESPONDENT
COURT OF
KARNATAKA
(BY SRI S. NAGARAJA, ADVOCATE)
THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W 401 CR.P.C.
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT
AND ORDER DATED 21.09.2016 PASSED BY THE ADDITIONAL CIVIL
JUDGE AND JMFC., TIPTUR IN C.C.NO.1720/2014 AND CONFIRMED
BY THE JUDGMENT DATED 13.04.2018 PASSED BY THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE TIPTUR IN
CRL.A.NO.10033/2016 AND TO ACQUIT THE PETITIONER/ACCUSED
FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
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CRL.RP No. 231 of 2019
THIS CRL.R.P. COMING ON FOR REPORTING SETTLEMENT
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This revision petition under Section 397 read with
Section 401 of the Code of Criminal Procedure is filed by
the accused challenging the judgment and order of
conviction and sentence dated 21/09/2016, passed in
CC.No.1720/2014, by the Court of Addl. Civil Judge &
JMFC, Tiptur, which has been confirmed in
Crl.A.No.10033/2016 by the V Addl. District & Sessions
Judge, Tiptur, on 13/04/2018.
2. Learned counsel for the parties submit that the
dispute between the parties has been amicably settled
during the pendency of this revision petition and having
regard to the said settlement, they may be permitted to
compound the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 ("N.I. Act") for which
the petitioner has been convicted and sentenced by the
Courts below.
CRL.RP No. 231 of 2019
3. They have filed an application (I.A.No.1/2023)
dated 24/03/2023 under Section 147 of the N.I. Act which
has been duly signed by the respective parties and their
counsel. The parties who have appeared before this Court
have been identified by their respective counsel. The
terms of the application reads as under:
"2. Now at the intervention of elders and well
wishers, the parties in the above case, viz. petitioner
and the respondent herein have settled their dispute
amicably, accordingly the petitioner/accused herein
agreed to pay a the respondent herein entire cheque
amount i.e., Rs 1,40,000/- and the respondent/
complainant has acknowledged the receipt of the
same.
3. The petitioner herein in compliance of the orders
passed on an application filed under section 389 of
the code of criminal procedure for suspension of
sentence has deposited a sum of Rs 5,000/- before
the Learned Addl. Civil Judge & JMFC, Tiptur in
C.C.No 1720/2014.
4. Now in view of the settlement so entered in to
between the parties and as agreed, the petitioner
herein has no objections to the respondent herein to
CRL.RP No. 231 of 2019
withdraw the afore said amount of Rs 5,000/- which
was deposited before the Learned Addl. Civil Judge &
JMFC, Tiptur in C.C.No 1720/2014.
5. Further, today the petitioner herein has paid a
sum of Rs 20,000/- by way of cash, the respondent
herein acknowledge the receipt of the same and the
petitioner herein agreed to pay the remaining
amount of Rs 1,15,000/- as here under and the
respondent herein agreed to receive the balance
amount as detailed hereunder
(i). Rs 30,000/- shall be paid on or before
30/04/2023,
(ii). Rs 30,000/- shall be paid on or before
31/05/2023,
(iii). Rs 30,000/- shall be paid on or before
30/06/2023 &
(iv). Rs 25,000/- shall be paid on or before
31/07/2023
If the petitioner herein fails to pay the same the
judgment and order passed by the Hon'ble trial court
and confirmed by the Hon'ble Appellate court will be
restored.
6. Accordingly, the respondent herein has no
objection to allow the above petition and to set aside
the judgment and order dated 21/09/2016 passed by
CRL.RP No. 231 of 2019
the Learned Addl. Civil Judge & JMFC, Tiptur in
C.C.No 1720/2014 and confirmed by the Learned V
Addl District & Sessions judge Tiptur in CRL.A.
No.10033/2016 dated 13/04/2018 and to acquit the
petitioner/accused for the offence punishable u/s 138
of N.I. Act."
4. Having regard to the settlement arrived at
between the parties and considering the nature of the
offence for which the petitioner has been convicted by the
Courts below, the parties to this revision petition are
permitted to compound the offence punishable under
Section 138 of the N.I. Act. Accordingly, the following:
ORDER
(i) I.A.No.1/2023 filed by the parties under Section 147
of the N.I. Act is allowed and the parties are
permitted to compound the offence punishable under
Section 138 of the N.I. Act and consequently, the
judgment and order of conviction and sentence dated
21/09/2016, passed in CC.No.1720/2014, by the
Court of Addl. Civil Judge & JMFC, Tiptur, which has
CRL.RP No. 231 of 2019
been confirmed in Crl.A.No.10033/2016 by the V
Addl. District & Sessions Judge, Tiptur, on
13/04/2018 are hereby set aside and the petitioner
is acquitted of the offence punishable under Section
138 of the N.I. Act.
(ii) The respondent-complainant is permitted to withdraw
the amount of Rs.5,000/- which is in deposit before
the trial Court in CC.No.1720/2014.
(iii) In the event the petitioner fails to honour his
commitment as stated in paragraph No.5 of the
application, the respondent-complainant is at liberty
to file necessary application to revive this order.
Sd/-
JUDGE
S*
