Mohan Sheshachalappa vs Ratnakar Purushottam Netrekar
2023 Latest Caselaw 7373 Kant

                                                 -1-
                                                       NC: 2023:KHC-D:12624
                                                       CRL.RP No. 100311 of 2021




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 30TH DAY OF OCTOBER, 2023

                                              BEFORE
                       THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                    CRIMINAL REVISION PETITION NO. 100311 OF 2021 (397)


                   BETWEEN:

                   MOHAN SHESHACHALAPPA,
                   AGE: 64 YEARS, OCC: RETD. RLY DEPT.,
                   R/O: DCM TOWNSHIP, DAVANAGERE-577001.
                                                                     ...PETITIONER

                   (BY SRI. ANWAR BASHA FOR SRI R.M. JAVED, ADVOCATES)

                   AND:

                   RATNAKAR PURUSHOTTAM NETREKAR,
                   AGE: 65 YEARS, OCC: RETD EMPLOYEE,
                   R/O: SARASWATI NILAY, BAPUJI NAGAR,
                   SIRSI TALUK, KARWAR-581401.
                                                                    ...RESPONDENT

                   (BY SRI. S.G. KADADAKATTI AND
                       SRI LINGESH V. KATTEMANE, ADVOCATES)

YASHAVANT                THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
NARAYANKAR
                   401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND SET ASIDE
                   THE JUDGMENT AND ORDER OF DISMISSAL OF APPEAL IN CRL.A.
Digitally signed   5029/2020 DATED. 28.09.2021 PASSED BY I ADDL. DIST AND
by YASHAVANT
NARAYANKAR         SESSIONS JUDGE, U.K. KARWAR SITTING AT SIRSI, CONFIRMING
Date:
2023.10.31         THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE I
10:30:37 +0530
                   ADDL. CIVIL JUDGE AND II ADDL. JMFC, SIRSI IN C.C. NO. 152/2018
                   DATED.      31.08.2020,    CONVICTING        THE       REVISION
                   PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE U/S 138 OF
                   NI ACT SENTENCING HIM TO PAY A FINE OF RS.3,60,000/-, IN
                   DEFAULT OF PAYMENT OF FINE, THE ACCUSED SHALL UNDERGO
                   SIMPLE IMPRISONMENT FOR SIX MONTHS, AND CONSEQUENTLY,
                   ACQUIT THE REVISION PETITIONER/ACCUSED IN THE INTEREST OF
                   JUSTICE.
                                 -2-
                                      NC: 2023:KHC-D:12624
                                      CRL.RP No. 100311 of 2021




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

                              ORDER

Learned counsel, Sri.Anwar Pasha for Sri.R.M.Javed,

advocate, is present.

2. Sri Lingesh V Kattemane, advocate for respondent,

present.

3. Heard on memo dated 16.08.2023 signed by both

sides.

4. It is fairly submitted by the counsel for respondent

that today he has received Rs.1,50,000/- in full and final

settlement of cheque amount. Therefore, he submits that there

is no amount due from the accused-petitioner. He submits to

allow the petition and set aside the impugned judgments.

5. In view of the contents of the memo and the

submission made by respective counsels for parties that the

entire cheque amount is received by the respondent, the

petition filed by the petitioner is allowed.

6. Consequentially, accused is acquitted of the charges

leveled against him under Section 138 of the Negotiable

Instruments Act, 1881.

NC: 2023:KHC-D:12624 CRL.RP No. 100311 of 2021

7. The impugned judgments of the Courts below are

hereby set aside.

8. The bail bond of the accused stands cancelled. He is

set at liberty.

9. In view of disposal of the petition, pending

interlocutory applications, if any, do not survive for

consideration and are disposed of accordingly.

Sd/-

JUDGE

YAN