Sri. Madev S/O Jattayya Naik vs The Janata Co-Op. Credit Society ...
2023 Latest Caselaw 2437 Kant

                                                        -1-
                                                              CRL.RP No. 100017 of 2023




                                     IN THE HIGH COURT OF KARNATAKA,
                                             DHARWAD BENCH
                                   DATED THIS THE 18TH DAY OF MAY, 2023
                                                     BEFORE
                                THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                            CRIMINAL REVISION PETITION NO. 100017 OF 2023
                            BETWEEN:
                            SRI. MADEV S/O JATTAYYA NAIK,
                            AGED ABOUT 60 YEARS, OCC: AGRICULTURIST,
                            R/AT KARADIMANE KOGTI, POST MAVINAKATTE,
                            BHATKAL TALUK, TALUKA KARWAR
                            UTTARA KANNADA DISTRICT-581420
                                                                           ... PETITIONER
                            (BY SRI. SURESH S BHAT, ADVOCATE)

                            AND:
                            THE JANATA CO-OP. CREDIT SOCIETY LTD.,
                            MURUDESHWAR BRANCH BHATKAL TALUK,
                            REP BY ITS MANAGER, MR. NGESH GOVINDRAY SHET, AGE
                            MAJOR, SUSAGADI VILLAGE, BHATKAL TALUK,
                            UTTARA KANNADA DISTRICT-581420.
                                                                        ... RESPONDENT
                            (BY SRI. RAM P.GHORPADE, ADVOCATE)
                                 THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
KM
SOMASHEKAR                  AND 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND
Digitally signed by K M
                            ORDER OF CONVICTION IN CRIMINAL APPEAL NO. 88/2015 BY ITS
SOMASHEKAR
Location: high court
karnataka Dharwad bench
                            ORDER DATED 29.11.2021, ON THE FILE OF II ADDL. DISTRICT
Date: 2023.05.19 10:41:29
+0530                       AND SESSIONS JUDGE, KARWAR, UTTARA KANNADA WHICH HAS
                            CONFIRMED THE JUDGMENT OF CONVICTION PASSED BY THE
                            COURT OF THE PRL. CIVIL JUDGE AND JMFC , BHATKAL IN CC
                            NO.623/2014 DATED 07.07.2015 BY CONVICTING THE PETITIONER
                            FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE
                            NEGOTIABLE INSTRUMENTS ACT BY SENTENCED THE PETITIONER
                            TO PAY A FINE OF RS.12,42,000/- AND IN DEFAULT OF PAYMENT
                            OF FINE, PETITIONER SHALL FURTHER UNDERGO S.I. FOR 6
                            MONTHS, AND FURTHER ORDERED THAT OUT OF RS.12,42,000/-
                            OF FINE     AWARDED, RS.12,39,000/- SHOULD BE PAID AS
                            COMPENSATION TO THE COMPLAINT /SOCIETY U/S 357 OF CR.P.C
                            AND REMAINING AMOUNT OF RS. 3,000/- SHOULD BE CREDITED
                            TO THE ACCOUNT OF THE STATE AND ACQUIT THE PETITIONER.
                              -2-
                                   CRL.RP No. 100017 of 2023




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

                          ORDER

1. The petitioner is before this Court calling in

question the judgment and order of conviction in Crl. A.

No.88/2015 by its order dated 29.11.2021 on the file of

the II-Addl. District & Sessions Judge, Karwar, Uttara

Kannada, which has confirmed the judgment of conviction

passed by the Court of Prl. Civil Judge & JMFC, Bhatkal in

C.C. No.623/2014, dated 07.07.2015 by convicting the

petitioner for the offence punishable under Section 138 of

the N.I. Act.

2. The parties to the lis have entered into a

settlement. The terms of settlement reads as follows:

"The petitioner/accused has paid the entire cheque amount on 06/04/2023, immediately after the notice on I.A for delay passed by this Hon'ble Court. On receipt of the cheque amount the responsible officer of respondent/complainant bank, Murudeshwar, Bhatkal, has given certificate that it will not press in C.C.No.623/2014.

Under such condition, since the matter has been settled and responsible officer of the bank has been issued a certificate dt: 06/04/2023 that the

CRL.RP No. 100017 of 2023

matter has been settled and it will withdraw the said complaint.

WHEREFORE, it is humbly prayed that, this Hon'ble court be pleased to set-a-side the judgment/order of conviction and acquit this petitioner in Criminal Appeal No.88/2015, nd dt: 29/11/2021 on the file of the 2 Addl. District and session judge, Uttara Kanada, Karwar, confirming the judgment of conviction order passed by the learned prl Civil Judge and J.M.F.C. Bhatkal in C.C.No.623/2014, dt: 07/07/2015, in the ends of justice."

3. In the light of the settlement arrived at

between the parties and the fact that the offences are the

ones punishable under Section 138 of the N.I. Act, I deem

it appropriate to quash the proceedings against the

petitioner accepting the settlement.

4. For the aforesaid reasons, I pass the following:

ORDER

(i) The criminal revision petition is hereby allowed.

(ii) The judgment and order of conviction in Crl.A. No.88/2015 by its order dated 29.11.2021 on the file of the II-Addl. District & Sessions Judge, Karwar, Uttara

CRL.RP No. 100017 of 2023

Kannada, which has confirmed the judgment of conviction passed by the Court of Prl. Civil Judge & JMFC, Bhatkal in C.C. No.623/2014, dated 07.07.2015 is hereby quashed.

Sd JUDGE Vnp*