Karnataka High Court
Anandgouda S/O Shivangoiuda Bengeri vs Anandaswamy S/O Sanganabasayyaswami ... on 6 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2024:KHC-D:2560
CRL.RP No. 100105 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100105 OF 2020 (397)
BETWEEN:
ANANDGOUDA S/O. SHIVANGOUDA BENGERI,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: Y. S. HADAGALI VILLAGE,
TQ: RON, DIST: GADAG,
PINCODE-582202.
...PETITIONER
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
ANANDASWAMY
S/O. SANGANABASAYYASWAMI HIREMATH,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: BELAVANAKI, TQ: RON,
DIST: GADAG, PINCODE-582202.
...RESPONDENT
Digitally signed (BY SRI RAKESH M. BILKI, ADVOCATE)
by SUJATA
SUBHASH
PAMMAR THIS CRIMINAL REVISION PETITION IS FILED U/S 397
Date: R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT
2024.02.14 AND THE SENTENCE ORDER DATED 29/01/2020 PASSED BY
13:16:04 +0530 THE 1ST ADDL. PRL. FAMILY COURT, GADAG IN CRIMINAL
APPEAL NO.57/2018 AND CONFIRMING THE JUDGMENT AND
ORDER DATED 05/10/2018 PASSED BY THE SENIOR CIVIL
JUDGE AND JMFC COURT, RON IN CC NO.506/2018 AND
ACQUIT THE PETITIONER / ACCUSED FOR THE PLEA AND
CHARGE LEVIED AGAINST HIM FOR OFFENCE PUNISHABLE
U/SEC. 138 NI ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
-2-
NC: 2024:KHC-D:2560
CRL.RP No. 100105 of 2020
ORDER
1. This criminal revision petition under Section 397
read with Section 401 of Cr.P.C. is filed by the petitioner
challenging the judgment and order of conviction and
sentence passed by the Court of the Senior Civil Judge and
JMFC, Ron in C.C.No.506/2018 dated 05.10.2018 and the
judgment and order passed by the Court of the I
Addl.Principal Family Court, Gadag in Crl.Appeal
No.57/2018 dated 29.01.2020, wherein he has been
convicted for the offence punishable under Section 138 of
the Negotiable Instruments Act, 1881 (for short, 'the NI
Act') and sentenced to pay fine of Rs.1,00,000/- and in
default to undergo imprisonment for a period of 1 year.
2. Learned counsel for the parties at inception
submits that the dispute between the parties has been
amicably settled and they have filed application under
Section 147 of the NI Act with a prayer to permit the
parties to compound the offence for which the petitioner
has been convicted and sentenced by the trial Court.
NC: 2024:KHC-D:2560
3. The application filed by the parties under
Section 147 of the NI Act is taken on record. The same is
signed by the learned advocates and also by the
respective parties who are identified by their respective
learned advocates.
4. In the application in paragraphs 3 and 4, it is
stated as follows:
"3. It is submitted that the respondent has
agreed to receive an amount of Rs.75,000/- towards
full and final settlement in respect of the complaint
filed by him. Out of the said amount of Rs.75,000/-,
an amount of Rs.50,000/- is paid by cash to the
respondent a year back and a sum of Rs.25,000/- is
paid by cash to the respondent on 29.01.2024. The
respondent hereby acknowledges receipt of the said
amount by way of cash.
4. It is further submitted that the petitioner has
deposited a sum of Rs.5000/- before the trial Court
in CC No.506/2018 on the file of the Senior Civil
Judge and JMFC, Ron and a sum of Rs.25,000/-
before the Court of the Principal Family Court, Gadag
in Crl.Appeal No.57/2018 in pursuance of the order
of the Courts. It is agreed that the said amount of
Rs.5000/- and Rs.25,000/- deposited before the
NC: 2024:KHC-D:2560
Courts below shall be withdrawn by the petitioner.
The parties request this Hon'ble Court to pass
necessary orders to both the Trial Court and First
Appellate Court to release the amount deposited
before them in favour of the petitioner herein. There
respondent herein agrees for the same."
5. Considering the fact that the dispute between
the parties is settled amicably and towards full and final
settlement of the dispute, the respondent/complainant has
received a total sum of Rs.75,000/- in cash from the
petitioner, I am of the view that the parties are required to
be permitted to compound the offence for which the
petitioner has been convicted and sentenced by the Courts
below. Accordingly, the following:
ORDER
The prayer made in the application filed under
Section 147 of the NI Act by the parties is allowed.
The parties are permitted to compound the offence
punishable under Section 138 of the NI Act for which the
petitioner has been convicted by the Courts below.
NC: 2024:KHC-D:2560
Consequently, the judgment and order of conviction and
sentence passed by the Courts below is set aside and the
petitioner is acquitted of the offence punishable under
Section 138 of the NI Act.
As per the terms of the application, the petitioner is
permitted to withdraw the amount of Rs.30,000/- which is
deposited by him before the trial Court during the
pendency of the case.
Revision petition accordingly stands disposed of.
Sd/-
JUDGE
KGK
