Karnataka High Court
Irappashivappalakkanagoudar vs Veeresh Shanmukhappa Kundagol on 13 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:3342
CRL.RP No. 100122 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100122 OF 2021
(397-)
BETWEEN:
IRAPPASHIVAPPALAKKANAGOUDAR
AGE 53 YEARS, OCC: AGRICULTURE,
R/O SATKAR HOTEL, NEAR OLD BUS STAND,
LAKKUNDI, TQ AND DIST GADAG.
...PETITIONER
(BY SRI. S.B.PATIL, ADV. FOR
SRI.SADIQ N GOODWALA, ADV.)
AND:
VEERESH SHANMUKHAPPA KUNDAGOL
AGE 49 YEARS, OCC BUSINESS,
Digitally signed by R/O NEAR BHUMAREDDY CIRCLE,
CHANDRASHEKAR
LAXMAN GADAG-587101.
KATTIMANI
Date: 2024.02.15 ...RESPONDENT
11:57:41 +0530
(BY SRI.C.S.SHETTER, ADV.)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397
R/W 401 OF CR.P.C. SEEKING TO CALL FOR THE RELEVANT
RECORDS AND ALLOW THIS CRIMINAL REVISION PETITION, BY
SETTING ASIDE THE JUDGMENT OF CONVICTION AND
SENTENCE IN C.C.NO.159/2017, DATED 04.05.2018 ON THE
FILE OF THE I-ADDL. CIVIL JUDGE AND JMFC I-COURT,
GADAG, BY CONFIRMING IN CRL.A.NO.38/2018, ON THE FILE
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CRL.RP No. 100122 of 2021
OF THE I-ADDL. PRL. FAMILY COURT, GADAG, DATED
09.09.2020, FOR THE OFFENCES P/U/S 138 OF NI ACT.
THIS PETITION, COMING ON FOR ADMISSION , THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. This criminal revision petition under Section 397
read with Section 401 of Cr.P.C. is filed with a prayer to
set aside the judgment and order of conviction and
sentence passed by the I Addl. Civil Judge and JMFC-I,
Gadag in C.C.No.159/2017 dated 04.05.2018 and the
judgment and order dated 09.09.2020 passed in
Crl.Appeal No.38/2018 by the Court of the I Addl.Principal
Family Court, Gadag.
2. Learned counsel for the parties at the inception
submits that the dispute between the parties has been
amicably settled and today the parties have filed
application before this Court under Section 320 of Cr.P.C.
read with Section 147 of the Negotiable Instruments Act,
1881 (for short, 'the NI Act') seeking permission of this
Court to compound the offence for which the petitioner
has been convicted by the trial Court.
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3. The application filed by both the parties which is
supported with the affidavits of both the parties is taken
on record.
4. Paragraphs 3, 4 and 5 of the affidavit filed by
the petitioner in support of the application reads as under:
"3. That pending this petition, at the intervention of
elders, (we) the parties have now agreed to amicably
resolve the lis. As per the settlement talks, I have
agreed to pay Rs.3,00,000/- (Rupees Three Lakhs
only) as full and final settlement towards order of
conviction. The same is agreed and accepted by the
respondent/complainant as full and final settlement.
4. That in consonance with the orders passed by this
Hon'ble Court and Appellate Court, I had deposited
Rs.40,000/- (Rupees Forty Thousand only) before
the Trial Court in C.C.D.No.09/2018-19 under
Receipt No.0019320 and has also deposited
Rs.1,57,500/- (Rupees One Lakh Fifty Seven
Thousand Five Hundred only) in C.C.D.No.53/2021-
agreed to be in part payment of the agreed amount.
Hence it is agreed by the parties herein that
respondent/complainant is entitled to receive the
said amounts in deposit as part payment thereof.
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5. That remaining amount of Rs.1,02,500/- (Rupees
One Lakh Two Thousand Five Hundred only) is
agreed to be paid to the account of this
complainant/respondent bearing No.A/C
No.110053080990, IFSC: CNRB0011262, MICR:
5821015017, Canara Bank, Mulgund Naka Branch,
through any recognized mode of transfer on or
before 08.03.2024. In the event if I fail to pay said
amount on said date, the same shall carry an
interest of 12% per annum from 08.04.2024 till its
realization. In the event of default the
complainant/respondent is at liberty to initiate
execution proceedings treating this order on
compromise as a money decree. In such an event
complainant is entitled for cost of execution."
5. In the affidavit filed by the respondent in
support of the application, the aforementioned statement
made by the petitioner in his affidavit, is not disputed. The
parties have stated in their affidavits that settlement is
arrived between them voluntarily without any undue
influence or coercion. The parties who are present in
person before the Court are identified by their learned
advocates. Under the circumstances, I am of the opinion
that the parties to this petition are required to be
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permitted to compound the offence for which the
petitioner has been convicted by the trial Court.
Accordingly, the following:
ORDER
The application filed by the parties under Section 320
of Cr.P.C. read with Section 147 of the NI Act seeking
permission of this Court to compound the offence
punishable under Section 138 of the NI Act is allowed.
The parties are permitted to compound the offence
punishable under Section 138 of the NI Act and
consequently the judgment and order of conviction and
sentence passed by the trial Court as well as the Appellate
Court are set aside. The petitioner is acquitted of the
offence punishable under Section 138 of the NI Act. The
petitioner has undertaken to pay the balance amount of
Rs.1,02,500/- to the respondent herein and this order is
passed by this Court based on such an undertaking. The
petitioner has totally deposited a sum of Rs.1,97,500/-
before the trial Court and in view of the terms of
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settlement, the respondent/complainant is permitted to
withdraw the same.
In the event the petitioner fails to pay the balance
amount of Rs.1,02,500/- as stated in paragraph 5 of the
affidavit filed in support of the application, the respondent
is granted liberty to file necessary application to recall this
order and revive the revision petition. Revision petition
accordingly stands disposed of.
Sd/-
JUDGE
KGK
