Sri B M Nagaraja vs Sri C Mahesha
2023 Latest Caselaw 7160 Kant

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                                                        NC: 2023:KHC:36754
                                                    CRL.RP No. 511 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 10TH DAY OF OCTOBER, 2023

                                          BEFORE
                              THE HON'BLE MRS JUSTICE M G UMA
                      CRIMINAL REVISION PETITION NO. 511 OF 2022
                   BETWEEN:

                      SRI B M NAGARAJA
                      AGED ABOUT 66 YEARS,
                      S/O LATE MURUDAPPA,
                      R/O KORALAHALLI VILLAGE,
                      KANCHINAKATTE,
                      SHIVAMOGGA-577203
                                                              ...PETITIONER
                   (BY SRI.KARTHIK.V, ADVOCATE)

                   AND:

                      SRI C MAHESHA
                      AGED ABOUT 48 YEARS,
                      S/O K.G.CHANDRASHEKARAPPA,
Digitally signed      R/AT HOUSE NO.H.F.21,
by ALBHAGYA
                      UPPER HUTTA, BHADRAVATHI,
Location: HIGH        SHIVAMOGGA-577 245
COURT OF
KARNATAKA                                                   ...RESPONDENT
                   (BY SRI. RAVINDRANATH M, ADVOCATE)

                        THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
                   ADVOCATE FOR THE PETITIONER PRAYING TO 1. SET ASIDE
                   THE BOTH THE JUDGEMENT DATED 10.02.2022 PASSED IN CRL
                   APPEAL NO. 5005/2021 ON THE FILE LEARNED IV ADDITIONAL
                   DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT
                   BHADRAVATHI, AND ALSO THE JUDGEMENT OF CONVICTION
                   AND SENTENCE 29.01.2021 PASSED IN C.C. NO. 325/2010 ON
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                                            NC: 2023:KHC:36754
                                       CRL.RP No. 511 of 2022




THE FILE OF LEARNED ADDL. SR. CIVIL JUDGE AND JMFC AT
BHADRAVATHI AND ETC.,

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


                            ORDER

Learned counsel for the petitioner and respondent

have filed an application - I.A.No.2/2023 under Section

320(1) and (2) read with Section 482 of Cr.P.C. and

submit that the dispute between the parties is amicably

settled and seek permission of the Court to compound the

offence.

2. The petitioner and the respondent are present

before the Court and they are identified by their respective

counsels. Both the parties admit the terms of the

compromise entered into between them. The terms of the

compromise as stated in the application reads as under:

"1. It is submitted that the above case is filed challenging the judgment dated 29th of January 2021 passed in CC No. 325 of 2010 by the learned Additional Senior Civil Judge and JMFC, Bhadravathi and judgment dated 10th of February 2022 passed in

NC: 2023:KHC:36754 CRL.RP No. 511 of 2022

Crl Appeal No. 5005 of 2021 passed by the learned IV Addl. District and Sessions Judge, Shimoga.

2. At the intervention of elders and well-

wishers of both the families, the petitioners and respondent have resolved their disputes among themselves.

3. The Petitioner is the accused and the Respondent is the complaint in CC No. 325 of 2010 filed before the learned Additional Senior Civil Judge and JMFC, Bhadravathi. The parties are referred to their respective ranking before trial Court for the sake of convenience.

4. The Accused has agreed to pay sum of Rs.4,25,000/- to the Complainant towards full and final settlement of the claim of the Complainant.

5. The Complainant has agreed to the said sum of Rs.4,25,000/- towards full and final settlement his claim under the cheque bearing no. 248814 dated 23.11.2009 issued by the Accused, which was the subject matter of CC no. 325 of 2010.

6. The Accused has deposited a sum of Rs.60,000/- before the Trial Court on 18.3.2021 (RO no. 92924); a sum of Rs. 30,000/- on 22.4.2022 (RO 1040) before this Hon'ble Court and a sum of Rs.25,000/- on 17.8.2023 (RO NO. 2033) before this Hon'ble Court. Thus, in all the Accused has deposited

NC: 2023:KHC:36754 CRL.RP No. 511 of 2022

a sum of Rs. 1,15,000/-. The parties hereby request this Hon'ble Court to transfer the amount to the Hon'ble Trial Court and the Accused has no objections for the complainant to withdraw the deposited amount.

7. Out of the remaining balance amount of Rs. 3,10,000/-, on 20th of September 2023, a sum of Rs.2,35,000/- is paid by way of Demand Draft bearing no.368827 dated 20.9.2023 drawn on kotak Bank and a sum of Rs.25,000/- was paid by way of cash, before this Hon'ble Court. Accordingly, a joint memo was also filed.

8. On 5th of October 2023, the remaining balance amount of Rs.50,000/- is paid by way of cash. Thus, the Complainant has received the entire amount of Rs. 4,25,000/- from the Accused.

9. In view of the settlement arrived at between the parties, the Complainant hereby withdraws his allegations made in complaint. In view of the voluntary nature of compromise between the Accused and the complainant, the complainant has consented to compound the offences and set aside the conviction. Hence, this application.

10. It is submitted that there is no coercion, undue influence or duress on the part of the parties in entering into this settlement.

NC: 2023:KHC:36754 CRL.RP No. 511 of 2022

WHEREFORE, the parties prays that this Hon'ble Court may kindly be pleased to permit the Accused and Complainant to compound the offenses punishable under Section 138 of Negotiable Instruments Act, 1881 and set aside the conviction passed by judgment dated 29th of January 2021 passed in CC No. 325 of 2010 by the learned Additional Senior Civil Judge and JMFC, Bhadravathi and confirmed by Judgment dated 10th February 2022 passed in Crl Appeal No. 5005 of 2021 passed by the learned IV Addl. District and Sessions Judge, Shimoga and acquit the accused and set him at liberty, to meet the ends of justice."

3. The complainant admits receipt of the amount

as stated in the application and the accused has no

objection for the complainant to withdraw the amount in

deposit before the trial Court and before this Court.

4. In view of amicable settlement between the

parties and being satisfied with the terms of the

compromise, I.A.No.2/2023 is allowed and the parties are

permitted to compound the offence.

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5. Accordingly, I pass the following:

ORDER

i) The Criminal Revision Petition is allowed;

ii) The impugned judgment of conviction and order of sentence dated 29.01.2021 passed in C.C.No.325/2010 on the file of the learned Additional Senior Civil Judge and JMFC, Bhadravathi, which is confirmed by judgment dated 10.02.2022 passed in Crl.A.No.5005/2021 on the file of the learned IV Additional District and Sessions Judge, Shivamogga, sitting at Bhadravathi, are set aside;

iii) Office is directed to transmit the amount in deposit to the trial Court to enable the complainant to withdraw the same.

Sd/-

JUDGE

CA