Karnataka High Court
V M Mobiles vs Vaibhav Infotech on 7 August, 2024
Author: K Natarajan
Bench: K Natarajan
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NC: 2024:KHC-K:5792
CRL.RP No. 200009 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL REVISION PETITION NO.200009 OF 2024
(397)
BETWEEN:
V. M. MOBILES,
AUTHORIZED PERSON,
SRI. VINODKUMAR S. AMBIGER,
AGED ABOUT 46 YEARS,
OCC: BUSINESS,
R/O CTS-NO.990,
A-993, WARD-NO.3,
GULAB PLAZA,
S.S. ROAD,
VIJAYAPURA-586101.
...PETITIONER
(BY SRI. S. S. MAMADAPUR, ADVOCATE)
Digitally signed by
SHIVALEELA
DATTATRAYA AND:
UDAGI
Location: High
Court Of Karnataka VAIBHAV INFOTECH,
REP. BY ITS AUTHORIZED PERSON/ PARTNER,
SRI. RAVEENDRA S/O BHIMARAI SHILEDAR,
AGED ABOUT 58 YEARS,
OCC: BUSINESS,
R/O S.S. FRONT ROAD,
VIJAYAPURA-586101.
...RESPONDENT
(BY SRI. D. P. AMBEKAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397
R/W SEC. 401 OF CR.P.C., PRAYING TO SET ASIDE THE
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NC: 2024:KHC-K:5792
CRL.RP No. 200009 of 2024
JUDGMENT DATED 21.10.2023 PASSED BY THE HON'BLE IV
ADDL. DISTRICT AND SESSIONS JUDGE, VIJAYPUR IN
CRIMINAL APPEAL NO. 89/2022 AS WELL AS THE JUDGMENT
DATED 25.11.2022 PASSED BY THE HON'BLE I ADDL. CIVIL
JUDGE AND JMFC, VIJAYPUR, IN CC NO. 6023/2016
CONVICTING THE PETITIONER FOR OFFENCE PUNISHABLE
UNDER SECTION 138 OF NI ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K NATARAJAN
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K NATARAJAN)
This Revision Petition is filed under Section 397 r/w
Section 401 of Cr.P.C. for setting aside the judgment of
conviction and sentence dated 25.11.2022 passed by I Addl.
Civil Judge and JMFC, Vijayapura in CC No.6023/2016, which
was upheld by the IV Addl. District and Sessions Judge,
Vijayapura in Crl.A.No.89/2022 vide order dated 21.10.2023.
2. During the pendency of the said petition, the
petitioner and respondent have appeared through their counsel
and filed an joint compromise petition under Section 147 of the
NC: 2024:KHC-K:5792
N.I. Act r/w Section 359 of BNSS, 2023 stating the petitioner
and the respondent have amicably settled their dispute and the
petitioner has paid the entire amount of Rs.5,16,000/- to the
respondent/complainant. It is also stated that Rs.1,03,200/-
deposited by the petitioner before the learned Magistrate on
19.04.2024 is withdrawn by the respondent, out of which
Rs.80,000/- would be refunded to the petitioner.
3. The offence alleged is a compoundable offence.
Hence, they are permitted to compound the offence.
Accordingly, the following order:
ORDER
i. The Criminal Revision Petition is allowed.
ii. The judgment of conviction and sentence dated
25.11.2022 passed by I Addl. Civil Judge and
JMFC, Vijayapura in CC No.6023/2016, which
was upheld by the IV Addl. District and
Sessions Judge, Vijayapura in Crl.A.No.89/2022
are set aside and the petitioner is acquitted of
all the charges.
iii. Bail bonds, if any, executed by the petitioner,
stand cancelled.
NC: 2024:KHC-K:5792
iv. The respondent, as agreed in the compromise
petition, shall return Rs.80,000/- to the
petitioner on or before 15.10.2024.
Sd/-
(K NATARAJAN)
JUDGE
NJ
CT:SI
