K R Mahesh Wodeyar S/O Revanaiah ... vs Sree Amba Enterprises ...
2023 Latest Caselaw 6403 Kant

                                                              -1-
                                                                    NC: 2023:KHC-D:10254
                                                                    CRL.RP No. 100276 of 2015




                                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                           DATED THIS THE 8TH DAY OF SEPTEMBER, 2023

                                                            BEFORE
                                               THE HON'BLE MS. JUSTICE J.M.KHAZI
                                      CRIMINAL REVISION PETITION NO. 100276 OF 2015 (397-)
                                    BETWEEN:

                                    K R MAHESH WODEYAR S/O REVANAIAH WODEYAR,
                                    AGE:40 YEARS, OCC:MERCHANT
                                    R/O:NEAR PETROL BUNK
                                    BEHIND NEW COURT COMPLEX, CHIKKANAYAKANAHALLI,
                                    DIST:TUMAKURU

                                                                               ...PETITIONER
                                    (BY SRI. J BASAVARAJ., ADVOCATE)
                                    AND:

                                    SREE AMBA ENTERPRISES REPRESENTED BY ITS
                                    MANAGER,
                                    SRI.SUDHEER YADAV S/O JORAWARSHINGH YADAV
                                    AGE:40 YEARS
                                    R/O:45/25 RADIO PARK, NEAR ZOO, COWL BAZAR
                                    DIST:BELLARY
              Digitally signed by
              CHANDRASHEKAR
CHANDRASHEKAR LAXMAN
LAXMAN
KATTIMANI
              KATTIMANI
              Date: 2023.09.12
              14:47:03 +0530
                                                                              ...RESPONDENT
                                    (BY SRI. MRUTYUNJAYA S HALLIKERI.,ADVOCATE)
                                          THIS CRIMINAL REVISION PETITION IS FILED UNDER
                                    SECTION 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR
                                    THE RECORDS ON THE FILE OF THE PRL. SESSIONS JUDGE,
                                    BALLARI IN CRL.A.NO.47/2014 AND ON THE FILE OF THE II
                                    ADDL. CIVIL JUDGE & JMFC, BALLARI IN C.C.NO.896/2008,
                                    PERUSE THE SAME AND SET ASIDE THE JUDGMENT OF
                                    CONVICTION AND SENTENCE PASSED BY THE PRL.
                                    SESSIONS JUDGE, BELLARY IN CRL.A.NO.47/2014 DATED
                                    30.10.2015 AND THE JUDGMENT OF CONVICTION AND
                                    SENTENCE PASSED BY THE II ADDL. CIVIL JUDGE & JMFC,
                                -2-
                                     NC: 2023:KHC-D:10254
                                     CRL.RP No. 100276 of 2015




BALLARI IN C.C.NO.896/2008 DATED 30.9.2014 AND SET THE
PETITIONER AT LIBERTY IN THE INTEREST OF JUSTICE.

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

                           ORDER

Sri.Shiva Shirur, learned counsel has filed NOC

vakalath for respondent.

2. Petitioner/accused and the respondent/Manager

of firm are present and both counsel are present.

3. Memorandum of the application under Section

147 of N.I. Act read with Section 320 of Cr.P.C. is filed and

it is supported by the affidavits of the

complainant/respondent. As per the compromise,

respondent/Manager of the firm reported receipts of

demand draft for Rs.7,00,000/- as detailed in the

compromise petition.

4. It is also submitted that Rs.5,00,000/- is

deposited before the trial Court and same has been

withdrawn by the respondent/complainant-firm.

NC: 2023:KHC-D:10254 CRL.RP No. 100276 of 2015

5. Both the parties admitted the compromise and

execution. The terms and conditions of the compromise

are legal and equitable. Consequently, the compromise is

accepted. In the light of the compromise, I proceed to

pass the following:

ORDER

The criminal revision petitioner is allowed in

terms of compromise.

The impugned judgment and order of the trial

Court in C.C.No.896/2008 dated 30.09.2014, which

is confirmed in Criminal Appeal No.47/2014 dated

30.10.2015, are set-aside.

The petitioner/accused is acquitted for the

offences punishable under section 138 of N.I.Act.

Bail bond of petitioner/accused stands canceled.

Sd/-

JUDGE