Karnataka High Court
M Maraiah vs Nagachandra on 5 February, 2024
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NC: 2024:KHC:4772
CRL.RP No. 1037 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1037 OF 2021
BETWEEN:
M. MARAIAH,
S/O MARAIAH,
AGED ABOUT 39 YEARS,
R/AT NO.141,
POOJARI DODDI VILLAGE,
AVVERAHALLI VILLAGE,
KAILANCHA HOBLI,
RAMANAGARA TALUK
AND DIST - 571 402.
...PETITIONER
(BY SRI. MOHAN K.N., ADVOCATE)
AND:
NAGACHANDRA,
S/O RAMASANJEEVAIAH,
AGED ABOUT 27 YEARS,
R/AT NO.59/A
Digitally CHIRANJEEVI NILAYA,
signed by JALAMANGALA ROAD,
SUDHA S
Location: RAMANAGARA TOWN - 562 159.
HIGH COURT ...RESPONDENT
OF
KARNATAKA (BY SRI. G.M. SRINIVASAREDDY, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE ORDER OF COURT OF
ADDITIONAL CIVIL JUDGE AND JMFC, RAMANAGARA PASSED
IN C.C.NO.767/2016 DATED 10.02.2020 AND ALSO THE ORDER
OF THE COURT OF THE III ADDITIONAL DISTRICT AND
SESSIONS JUDGE, RAMANAGARA DATED 06.09.2021 PASSED
IN CRL.A.NO.46/2021 AND ACQUIT THE PETITIONER FROM
THE CHARGES, COPIES OF THE ORDERS ARE PRODUCED AS
ANNEXURE-A AND B.
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NC: 2024:KHC:4772
CRL.RP No. 1037 of 2021
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Learned counsel for the respective parties and
parties are present before the Court.
2. Learned counsel for the respective parties have filed
a joint memo along with application filed under Section 147 of
N.I.Act read with 482 of Cr.P.C., stating that the matter has
been settled out of the Court between the parties and the same
may be disposed of, accordingly.
3. The averments of the affidavit in para- 3 and 4
which read thus:
"3. I submit that, during the pendency of the
above case myself and the petitioner have
compromised as per the advice of elders,
friends and well wishers for a sum of
Rs.2,50,000/-. Out of which, the petitioner
has paid a sum of Rs.50,000/- today.
4. At the time of issuing notice to me in the
above revision petition , this Hon'ble Court
directed the petitioner to deposit sum of
Rs.2,00,000/- at the suspend of sentence,
accordingly he has deposited said amount."
NC: 2024:KHC:4772
4. Considering the averments of the said application,
there is no embargo to this Court to record the compromise,
since the offence punishable under Section 138 of N.I. Act is
compoundable in nature and parties have settled the matter
amicably. Hence, I proceed to pass the following:
ORDER
i. The Criminal Revision Petition is disposed of in
terms of compromise.
ii. The judgment of conviction and order of sentence
dated 10.02.2020 in C.C.No.767/2016 passed by
the Court of Addl. Civil Judge & JMFC Court,
Ramanagara and its confirmation judgment and
order dated 06.09.2021 in Crl.A.No.46/2021
passed by the Court of III Addl. District and
Sessions Judge, Ramanagara are set aside.
iii. The petitioner is acquitted for the offence
punishable under Section 138 of the Negotiable
Instruments Act, 1881.
NC: 2024:KHC:4772
The Trial Court is directed to release the amount
deposited by the petitioner in favour of the
respondent/complainant of proper identification and on
production of this order.
Sd/-
JUDGE
JS
CT:SNN
