G M Manjunath vs Sri K Kantharaju
2024 Latest Caselaw 10126 Kant

Citation : 2024 Latest Caselaw 10126 Kant
Judgement Date : 8 April, 2024

Karnataka High Court

G M Manjunath vs Sri K Kantharaju on 8 April, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

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                                                            NC: 2024:KHC:15087
                                                       CRL.RP No. 1167 of 2015




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 8TH DAY OF APRIL, 2024

                                              BEFORE
                        THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                             CRIMINAL REVISION PETITION NO. 1167 OF 2015
                      BETWEEN:

                      G. M. MANJUNATH,
                      S/O G.N. MAHADEVAPPA,
                      AGED ABOUT 33 YEARS,
                      R/AT BEHIND SHASHI SAW MILL,
                      GUBBI TOWN,
                      TUMKUR DISTRICT - 572 216.
                                                                 ...PETITIONER
                      (BY SRI. N SURESHA., ADVOCATE)

                      AND:

                      SRI. K. KANTHARAJU,
                      S/O KRISHNAPPA,
                      AGED 30 YEARS,
Digitally signed by
R HEMALATHA           R/AT 3RD CROSS, NEW EXTENSION,
Location: HIGH
COURT OF              GUBBI TALUK,
KARNATAKA
                      TUMKUR DISTRICT - 572 216.
                                                               ...RESPONDENT
                      (BY SRI.M.B.CHANDRA CHOODA, ADVOCATE)

                             THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C.,
                      PRAYING TO SET ASIDE THE ORDER DATED 19.10.2015 IN
                      CRL.A.NO.05/2014 PASSED BY THE VI ADDL. DIST. AND S.J.,
                      TUMKUR AND THE JUDGMENT AND SENTENCE PASSED BY
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                                                 NC: 2024:KHC:15087
                                         CRL.RP No. 1167 of 2015




THE CIVIL JUDGE AND JMFC, GUBBI IN C.C.NO.264/2012
DATED 31.12.2013 BY ALLOWING THIS REV. PETITION.

      THIS PETITION, COMING ON FOR FINAL HEARING, THIS

DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

The petitioner/accused is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act.

2 The parties have filed an application under Section 147 of the Negotiable Instruments Act for compounding of the offences stating that they have amicably resolved the dispute among themselves and in terms of the settlement, the petitioner/accused has agreed to pay a sum of Rs.1,30,000/- towards full and final settlement of the claim of the complainant as against the fine amount of Rs.2,00,000/- imposed by the Trial Court.

3. The application is placed on record.

4. Accordingly, I pass the following:

ORDER i. Criminal revision petition is allowed. ii. The impugned judgment and order of sentence dated 31.12.2013 passed by the Civil Judge and JMFC, Gubbi in C.C.No.264/2012 and the judgment dated 19.10.2015 passed by the VI Addl. District and

NC: 2024:KHC:15087

Sessions Judge, Tumkur in Crl.A.No.05/2014 are hereby set aside.

iii. The petitioner/accused is acquitted of the aforesaid offence.

iv. The petitioner having paid a sum of Rs.1,30,000/- to the respondent-Complainant towards full and final settlement of the claim, the petitioner is permitted to withdraw the balance amount of Rs.50,000/- deposited before the Trial Court, subject to furnishing I.D.proof.