Karnataka High Court
Nagappa S/O Ningappa ... vs Rajashekhara Alias ... on 5 October, 2023
Bench: J.M.Khazipresided Byjmkj
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NC: 2023:KHC-D:11790
CRL.RP No. 100354 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO. 100354 OF 2023
BETWEEN:
NAGAPPA
S/O NINGAPPA HUCHEHAPPANAVAR,
AGE: 46 YEARS, OCC: COOLIE,
R/O: HOSA-HALASUR, TAL: SAVANUR,
DIST: HAVERI-581118.
...PETITIONER
(BY SRI. PRUTHVI K. S, ADVOCATE)
AND:
RAJASHEKHARA @ RAJASHEKHARAYYA
S/O BASALINGAYYA HALAYYANAVARAMATH,
AGE: 40 YEARS, OCC: BUSINESS,
R/O. M. G. ROAD, TAL & DIST: HAVERI-581110.
...RESPONDENT
CHANDRASHEKAR
LAXMAN (BY SRI. CHETAN MUNNOLLI, ADVOCATE)
KATTIMANI
Digitally signed by
THIS CRIMINAL REVISION PETITION IS FILED U/SEC.
CHANDRASHEKAR
LAXMAN KATTIMANI 397(1) R/W 401 OF CR.P.C, PRAYING THIS COURT TO, CALL
Date: 2023.10.06
10:39:27 +0530 FOR RECORDS, ALLOW THE REVISION PETITION AND SET
ASIDE THE JUDGMENT AND ORDER DATED 06.10.2022 IN
CRIMINAL CASE NO. 693/2018 ON THE FILE OF ADDL. CIVIL
JUDGE AND JMFC, HAVERI AND CONFIRMED BY THE
JUDGMENT AND ORDER DATED 20.02.2023 IN CRIMINAL
APPEAL NO. 90/2022 ON THE FILE OF ADDL. CRIMINAL APPEAL
NO. 90/2022 ON THE FILE OF ADDL. DISTRICT AND SESSIONS
JUDGE, FTSC-I, HAVERI AND ACQUIT THE REVISION
PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.RP No. 100354 of 2023
ORDER
Sri. Chetan Munnoli, learned counsel submits that
today he has filed vakalath for respondent in the filing
counter.
Both the petitioner and respondent are present and
their respective counsel are also present.
Order on I.A.No.1/2023
Heard and perused the records.
Accepting the reasons assigned in the affidavit filed
in support of application, delay of 96 days in filing petition
is condoned. Accordingly, I.A.No.1/2023 is allowed.
Joint application is filed under Section 147 of the
Negotiable Instruments Act, (for short, "N.I. Act" ) and
read with Section 320 (6) and (8) of the Criminal
Procedure Code, 1973, (for short, "Cr.P.C") along with
affidavit of petitioner and respondent. The certified copy of
the order sheet in C.C.No.693/2018 is also produced. The
order sheet dated 03.10.2023 reflect that wife of the
accused has paid Rs.99,000/- to the complainant and he
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CRL.RP No. 100354 of 2023
has received the same. Remaining Rs.1,000/- is paid by
way of fine to the State.
This revision petition is filed by the accused
challenging his conviction and sentence in
C.C.No.693/2018, whereby he is sentenced to pay fine of
Rs.1,00,000/- for the offence punishable under Section
138 of N.I. Act. The said order was carried in Criminal
Appeal No.90/2022 by the accused which came to be
dismissed. Against the said order, this revision petition is
filed.
In the light of the compromise, I proceed to pass the
following:
ORDER
The criminal revision petition is allowed in
terms of compromise.
The impugned judgment and order of
conviction in C.C.No.693/2018 dated
06.10.2022, on the file of the Additional Civil
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CRL.RP No. 100354 of 2023
Judge and JMFC, Haveri, which is confirmed in
Criminal Appeal No.90/2022 dated 20.02.2023,
on the file of the Additional District and Sessions
Judge, FTSC-I, Haveri, is set aside.
Petitioner/accused is acquitted of the
offence punishable u/sec.138 of N.I. Act.
Sd/-
JUDGE
AC
