Gajanan S/O Shankar Achari vs The Akshya Co-Op Credit Society ...
2023 Latest Caselaw 2438 Kant

                                                      -1-
                                                            CRL.RP No. 100334 of 2022




                                   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. 100334 OF 2022

                          BETWEEN:

                              GAJANAN S/O SHANKAR ACHARI,
                              AGED ABOUT 62 YEARS, OCC. PRIVATE WORK,
                              R/O. VENKTAPUR, POST. SHIRALI,
                              TAL. BHATKAL, UTTARA KANNADA DIST-581420.
                                                                          ... PETITIONER
                          (BY SRI. SURESH S BHAT, ADVOCATE)

                          AND:

                              THE AKSHYA CO-OP. CREDIT SOCIETY LTD.,
                              SHIRALI, BHATKAL, R/BY ITS MANAGER,
                              SHIRALI, BHATKAL TALUK,
                              UTTARA KANNADA-581420.
                                                                        ... RESPONDENT
                          (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)

KM                              THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W
SOMASHEKAR                401 OF CR.P.C., SEEKING TO SET AIDE THE JUDGMENT AND ORDER
Digitally signed by K M   OF CONVICTION IN CRIMINAL APPEAL NO.170/2012 BY ITS ORDER
SOMASHEKAR
Location: high court
karnataka Dharwad bench
                          DATED 20.07.2022, ON THE FILE OF 2 ND ADDITIONAL DISTRICT
Date: 2023.05.19
10:41:48 +0530            AND SESSIONS JUDGE, KARWAR, UTTARA KANNADA, WHICH HAS
                          CONFIRMED THE JUDGMENT OF CONVICTION PASSED BY THE
                          COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, BHATKAL IN CC
                          NO.19/2010 ON 17.11.2012 BY CONVICTING THE PETITIONER FOR
                          THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT BY SENTENCED THE
                          PETITIONER TO PAY A FINE OF RS.5,45,000/- AND IN DEFAULT OF
                          PAYMENT OF FINE, PETITIONER SHALL FURTHER UNDERGO S.I. FOR
                          6 MONTHS, AND FURTHER ORDERED THAT OUT OF RS.5,45,000/- OF
                          FINE   AWARDED,      RS.5,40,000/-  SHOULD   BE   PAID   AS
                          COMPENSATION TO BE COMPLAINANT/RESPONDENT U/S 357 OF
                          CR.P.C. AND REMAINING AMOUNT OF RS.5,000/- SHOULD BE
                          CREDITED TO THE ACCOUNT OF THE STATE, AND ACQUIT THE
                          PETITIONER.
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                                   CRL.RP No. 100334 of 2022




     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.170/2012 by its order dated 20.07.2022 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.19/2010, dated 17.11.2012 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 the settlement reads as follows:

"The petitioner/accused has paid the entire cheque amount on 23/03/2023, immediately after the interim order passed by this Hon'ble court. On receipt of the cheque amount the responsible officer of respondent/complainant bank, Bhatkal has given certificate that it will not press in C.C.No.19/2010.

Under such condition, since the matter has been settled and responsible officer of the bank has been issued a certificate dated 23/03/2023 that the

CRL.RP No. 100334 of 2022

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.170/2012 nd dt:20/07/2022 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.19/2010, dt: 17/11/2012 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 in accepting the settlement.

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

ORDER

(i) The criminal revision petition is hereby

allowed.

(ii) judgment and order of conviction in Crl. A.

No.170/2012 by its order dated 20.07.2022 on the file of the II-Addl. District &

CRL.RP No. 100334 of 2022

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.19/2010, dated 17.11.2012 is hereby quashed.

Sd JUDGE Vnp*