N.N Anil Kumar vs Y.B. Siddaramu
2023 Latest Caselaw 6278 Kant

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                                                          NC: 2023:KHC:31868
                                                      CRL.RP No. 428 of 2014




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 4TH DAY OF SEPTEMBER, 2023

                                         BEFORE
                    THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                     CRIMINAL REVISION PETITION NO. 428 OF 2014
                 BETWEEN:

                 N.N. ANIL KUMAR,
                 S/O. N.J. NAGANNA,
                 AGED ABOUT 32 YEARS,
                 R/O NAGARAKERE VILLAGE,
                 KOPPA HOBLI,
                 MADDUR TALUK,
                 MANDYA DISTRICT-571 432.
                                                               ...PETITIONER
                 (BY SRI. ANIL KUMAR A.S, ADVOCATE)
                 AND:

                 Y.B. SIDDARAMU,
                 S/O JOGIBOREGOWDA,
                 AGED ABOUT 40 YEARS,
                 R/O YALADAHALLI VILLAGE,
                 C.A.KERE HOBLI,
                 MADDUR TALUK,
Digitally        MANDYA DISTRICT-571 432.
signed by                                                     ...RESPONDENT
RENUKAMBA        (BY SRI. SATHISH .K.R, ADVOCATE)
KG                    THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C
Location: High   PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
Court of         CONVICTION AND SENTENCE DATED:17.3.14 PASSED BY THE I
Karnataka        ADDL. AND S.J., MANDYA IN CRL.A.NO.94/13 THEREBY
                 DISMISSING THE APPEAL, AND SET ASIDE THE JUDGMENT
                 AND ORDER OF CONVICTION AND SENTENCE DATED:18.12.12
                 PASSED BY THE PRL.C.J., AND JMFC, MADDUR IN
                 C.C.NO.1077/2008 THEREBY CONVICTING THE PETR. FOR THE
                 OFFENCE P/U/S 138 OF N.I. ACT AND SENTENCING HIM TO
                 UNDERGO S.I. FOR 8 MONTHS AND TO PAY A FINE OF RS.2
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                                              NC: 2023:KHC:31868
                                         CRL.RP No. 428 of 2014




LAKHS AND IN DEFAULT TO UNDERGO S.I. FOR PERIOD OF 1
1/2 MONTHS.

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

The revision petitioner / accused and respondent /

complainant are present. Their respective counsels are also

present.

2. The parties have filed an application under Section

147 of Negotiable Instruments Act, 1881 or compounding of

the offence.

3. A joint memo is also filed reporting that the matter

is settled for a sum of Rs.2 Lakhs by the intervention of the

elders of the village and out of the said amount Rs.1,25,000/-

is received by respondent / complainant today and Rs.75,000/-

already deposited by the accused / revision petitioner before

court is required to be paid to the complainant by way of final

settlement.

4. The contents of the compromise petition are read

over and explained to the parties in presence of their respective

counsels in Kannada language known to them and they admit

the contents to be true and correct. Both the parties have also

NC: 2023:KHC:31868 CRL.RP No. 428 of 2014

filed an affidavit in support of the compromise. In view of the

same, the application filed under Section 147 of the Negotiable

Instruments Act, 1881 needs to be allowed. Accordingly, I

proceed to pass the following:

ORDER

(i) The application filed by both the parties under Section 147 of the Negotiable Instruments Act, 1881 is allowed and they are permitted to compound the offence.

     (ii)    In view of the settlement of the matter
             between      the   parties        for     a    sum    of

RS.2,00,000/-, the impugned judgment of conviction and order of sentence passed by the Principal Civil Judge and JMFC at Maddur in C.C.No.1077/2008 dated 18.12.2012 and confirmed in Crl.A.No.94/2013 by I Additional District and Sessions Judge at Mandya vide judgment dated 17.03.2014 are set aside.

(iii) The accused / revision petitioner stands acquitted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

(iv) In view of the compounding of the offence, the bail bonds executed by the accused / revision petitioner stand cancelled.

NC: 2023:KHC:31868 CRL.RP No. 428 of 2014

(v) The amount deposited by the revision petitioner / accused to the tune of Rs.75,000/- shall be paid to the complainant / respondent herein as per the terms of the compromise.

(vi) The compromise petition shall be part of this order.

Sd/-

JUDGE

SS