Karnataka High Court
Sri N V Lokesh vs M B Manjunath on 7 February, 2024
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NC: 2024:KHC:5170
CRL.RP No. 1255 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1255 OF 2022
BETWEEN:
SRI. N V LOKESH
S/O. VEERABHADREGOWDA
AGED ABOUT 43 YEARS
WATERMAN
R/AT N. NIDUGODU VILLAGE
Digitally signed BALLUR POST, BELUR TALUK
by SUDHA S
HASSAN DISTRICT - 571 134.
Location: HIGH
COURT OF
KARNATAKA
...PETITIONER
(BY SRI. PRATHEEP K C, ADVOCATE)
AND:
M B MANJUNATH
S/O BOBEGOWDA
AGED ABOUT 59 YEARS
R/AT KASKEBAILU VILLAGE
GONIBEEDU HOBLI,
MUDIGERE TALUK
CHIKKAMAGALUR DISTRICT - 573 134.
...RESPONDENT
(BY SRI. CHINNAPPA GOWDA D G, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENTS DATED 10.08.2022 PASSED BY
THE PRINCIPAL JUDGE, FAMILY COURT AT CHIKKAMAGALUR IN
CRL.A.NO.125/2022 AND IN C.C.NO.301/2019 DATED
28.09.2021 PASSED BY SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS AT MUDIGERE AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:5170
CRL.RP No. 1255 of 2022
ORDER
1. Heard Shri Pratheep K.C., learned counsel for the
petitioner and Shri Chinnappa Gowda D.G., learned counsel for
the respondent.
2. Both learned counsels submit that the parties have
settled the dispute amicably and filed a Joint Memo of even
date. The joint memo is taken on record.
3. The petitioner and the respondent are present and
are identified by their respective counsels. The Joint Memo is
duly signed by the petitioner, the respondent and their
respective counsels. The joint memo reads thus:
"1. It is submitted that, the respondent filed a
complaint under section 138 of NI act in C.C.NO.
301/2019 and the trial court by its judgment
dated 28.09.2021 convicted the petitioner herein
for the offence under section 138 of NI act and
directed him to pay a fine of Rs. 5,00,000/-
2. It is submitted that, against the said judgment,
the petitioner filed an appeal in
CRL.A.NO.125/2022 before the district and
sessions judge, Chikkamaglur and the appellate
court by its judgment dated 10.08.2022
confirmed the judgment of the trial court,
however set aside the sentence to undergo
imprisonment for a period of one year.
NC: 2024:KHC:5170
3. It is submitted that, being aggrieved by the
same the petitioner is before this court.
4. It is submitted that, during the pendency of
this petition both the parties have amicably
settled the dispute, accordingly the petitioner had
paid the entire amount and accordingly an
application U/S 147 of NI act was filed before the
trial court on 28.03.2023.
WHEREFORE, in view of the settlement between
the parties, this Hon'ble court may kindly acquit
the petitioner for the offence punishable U/S 138
of NI act in the interest of justice and equity."
4. On perusal of the above said terms and conditions
and also considering the offence which is punishable under
Section 138 of the N.I. Act, which is compoundable in nature,
there is no embargo to this Court to record the compromise in
terms as stated supra.
5. Accordingly, I proceed to pass the following:
ORDER
(i) The Criminal Revision Petition stands disposed of
in terms of the compromise.
(ii) The judgment of conviction and order of
sentence dated 28.09.2021 in C.C.No.301/2019
passed by the Senior Civil Judge and J.M.F.C.,
NC: 2024:KHC:5170
Mudigere and the judgment and order dated
10.08.2022 in Crl.A.No.125/2022 passed by the
Principal Judge (District and Sessions Judge),
Family Court, Chikkamagaluru, are set aside.
(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of
Negotiable Instruments Act.
(iv) The Trial Court is directed to release the amount,
which is deposited by the petitioner / accused, if
any, in favour of the petitioner / accused
forthwith, on proper identification and on
production of certified copy of the order of this
Court.
(v) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
BSS
