Mr. Harshith T vs Sri. K. Shashidhara
2023 Latest Caselaw 2094 Kant

                                                -1-
                                                        CRL.RP No. 219 of 2023




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 30TH DAY OF MARCH, 2023

                                             BEFORE

                          THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

                          CRIMINAL REVISION PETITION NO.219 OF 2023

                   BETWEEN:

                   MR. HARSHITH T.
                   S/O. TAMIL SELVEN,
                   AGED ABOUT 31 YEARS,
                   R/AT C. COOP CRC
                   IVARNADU, SULLIA,
                   D.K. - 574 239.                                ... PETITIONER

                   (BY SRI DHANANJAY KUMAR, ADVOCATE)

                   AND:

                   SRI K. SHASHIDHARA
                   S/O. LATE K. GOPALAKRISHNA KEKUNNAYA,
                   AGED ABOUT 54 YEARS,
                   R/AT KURUNJIBHAG,
                   KURUNJIBHAG POST,
                   SULLIA, D.K. - 574 239.                       ... RESPONDENT
Digitally signed
by B A KRISHNA
KUMAR
                   (BY SMT. RAMYA M.C., ADVOCATE)
Location: High
Court of
Karnataka                THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W 401 CR.P.C
                   BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
                   HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT
                   DATED 02.03.2020 PASSED IN C.C.NO.1202/2018 BY THE SENIOR
                   CIVIL JUDGE AND JMFC SULLIA, D.K. AND CONSEQUENTLY SET
                   ASIDE THE ORDER DATED 20.07.2022 PASSED BY THE V ADDL.
                   DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU SITTING AT
                   PUTTUR, D.K. IN CRL.APPEAL NO.5009/2021 UNDER THE FACTS AND
                   CIRCUMSTANCES OF THE CASE.

                       THIS CRL.R.P. COMING ON FOR ORDERS THIS DAY, THE
                   COURT MADE THE FOLLOWING:
                             -2-
                                    CRL.RP No. 219 of 2023




                         ORDER

This Criminal Revision Petition is filed under Section

397 of Cr.P.C. by the accused challenging the judgment

and order of conviction and sentence dated 02.03.2020,

passed in C.C. No.1202/2018, by the Senior Civil Judge

and JMFC, Sullia, Dakshina Kannada, which has been

confirmed in Crl.A.No.5009/2021 by the V Additional

District and Sessions Judge, Dakshina Kannada, Mangaluru

sitting at Puttur, Dakshina Kannada dated 20.07.2022.

2. Learned counsel for the parties at the inception

jointly submit that the dispute between the parties has

been amicably settled during the pendency of this revision

petition and towards full and final settlement of the

amount covered under cheque in question, the

respondent/complainant has agreed to receive a sum of

Rs.75,000/- and the said amount has already been paid to

the respondent on 17.03.2023, by the petitioner.

CRL.RP No. 219 of 2023

3. They submit that having regard to the said

settlement, an application under Section 147 of Negotiable

Instruments Act, 1881 ("N.I. Act" for short) is filed seeking

permission of this Court to compound the offence for

which the petitioner has been convicted and sentenced by

the Courts below.

4. Learned counsel for the respondent/

complainant acknowledges the receipt of Rs.75,000/- from

the petitioner. He further submits that during the

pendency of this Criminal Revision Petition, the petitioner

has been taken to custody by the Trial Court on

02.02.2023.

5. Having regard to the settlement arrived at

between the parties, they are permitted to compound the

offence for which the petitioner was convicted and

sentenced by the Courts below and accordingly, the

following:

CRL.RP No. 219 of 2023

ORDER

(i) This criminal revision petition is allowed in

terms of the memorandum of settlement filed

by the parties under Section 147 of the N.I. Act

seeking permission of this Court to compound

the offence under Section 138 of N.I. Act for

which the petitioner has been convicted and

sentenced by the Courts below.

(ii) Consequently, the judgment and order of

conviction and sentence dated 02.03.2020,

passed in C.C. No.1202/2018, by the Senior

Civil Judge and JMFC, Sullia, Dakshina

Kannada, which has been confirmed in Crl. A.

No.5009/2021 by the V Additional District and

Sessions Judge, Dakshina Kannada, Mangaluru

sitting at Puttur, Dakshina Kannada dated

20.07.2022 are hereby set-aside and the

petitioner is acquitted of the offence punishable

under Section 138 of the N.I. Act.

CRL.RP No. 219 of 2023

(iii) Having regard to the order passed by this Court

in this Criminal Revision Petition acquitting the

petitioner for the offence punishable under

Section 138 of N.I. Act, the Trial Court is

directed to release the petitioner forthwith.

(iv) Registry is directed to return the Trial Court

Records forthwith.

Sd/-

JUDGE

MBM