Prasanna Kumar vs Vivekanandaswami
2023 Latest Caselaw 2077 Kant

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                                                            CRL.RP No. 773 of 2018




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 29TH DAY OF MARCH, 2023
                                                 BEFORE
                            THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                                        CRL.R.P. NO. 773 OF 2018
                      BETWEEN:
                      PRASANNA KUMAR
                      S/O KUTTURAPPA
                      AGED ABOUT 46 YEARS
                      R/AT HIRESADARAHALLI VILLAGE
Digitally signed by
B A KRISHNA
                      KANAKATTE HOBLI
KUMAR
Location: High
                      ARSIKERE TALUK - 573 103
Court of
Karnataka             HASSAN DISTRICT.
                                                                       ...PETITIONER
                      (BY SRI K.G. SADASHIVAIAH, ADV.)
                      AND:
                      VIVEKANANDASWAMI
                      S/O H.N. ESHWARAPPA
                      AGED ABOUT 35 YEARS
                      R/O HIRESADARAHALLI
                      VILLAGE, KANAKATTE HOBLI
                      ARSIKERE - 573 103
                      HASSAN DISTRICT.
                                                                      ...RESPONDENT
                      (BY SRI K.S. VISHWANATH, ADV.)


                            THIS CRL.R.P. IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
                      SET ASIDE THE JUDGMENT AND ORDER DATED 26.06.2018 PASSED
                      BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN IN
                      CRL.A.NO.58/2018 AND CONFIRMING THE JUDGMENT AND ORDER
                      DATED 01.03.2018 PASSED BY THE ADDITIONAL CIVIL JUDGE AND
                      JMFC, ARSIKERE IN C.C.NO.1210/2012 AND ALLOW THIS PETITION
                      WITH COSTS THROUGHOUT.

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

                                                 ORDER

This Criminal Revision Petition has been filed by the

accused challenging the judgment and order of conviction and

CRL.RP No. 773 of 2018

sentence passed by the Court of Civil Judge & JMFC Arsikere

(for short the 'Trial Court) in C.C.No.1210/2012 dated

01.03.2018 and the judgment and order passed by Court of V

Additional District & Sessions Judge, Hassan (for short the

'Appellate Court') in Crl.A.No.58/2018 dated 26.06.2018.

2. Learned counsel appearing for the parties jointly

submit that the dispute between the parties has been amicably

settled during the pendency of this revision petition and in

compliance of the judgment and order passed in

C.C.No.1210/2012, the petitioner has deposited the fine

amount before the trial Court and they have filed an application

under Section 147 of N.I. Act with a prayer to permit them to

compound the offence in view of settlement between the

parties. The application is taken on record.

3. Having regard settlement arrived between the

parties and since the petitioner has already complied the terms

of the settlement, the parties to this revision petition are

permitted to compound the offence for which the petitioner has

been convicted and sentenced by the Courts bellow.

Accordingly, the following:-

CRL.RP No. 773 of 2018

::ORDER::

Application in I.A.No.1/2023 filed by the parties under Section 147 of the Negotiable Instruments Act is allowed and the parties are permitted to compound the offence punishable under Section 138 of Negotiable Instruments Act for which the petitioner has been convicted by the Courts below. Consequently, Criminal revision petition is also allowed.

The judgment and order of conviction and sentence passed by the Courts below against the petitioner is set aside and the petitioner is acquitted of the offence punishable under Section 138 of N.I. Act.

Out of the amount of Rs.2,30,000/- which is in deposit before the Trial Court, the respondent - complainant is permitted to withdraw an amount of Rs.2,25,000/- and balance of Rs.5,000/- shall be remitted towards State.

Sd/-

JUDGE

NMS