Karnataka High Court
Mohammadgouse S/O Abdul Munaf Madlur vs Allabaksha S/O Mohammadyusuf Navalur on 20 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.RP No. 100072 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100072 OF 2022 (397)
BETWEEN:
MOHAMMADGOUSE
S/O ABDUL MUNAF MADLUR
AGE: 48 YEARS, OCC: COOLIE
R/O. 4TH CROSS,
SHIVANAND NAGAR,
DHARWAD.
...PETITIONER
(BY SRI C.S. NAGASHETTI, ADVOCATE)
AND:
ALLABAKSHA S/O MOHAMMADYUSUF NAVALUR
AGED: 49 YEARS, OCC: PRIVATE BUSINESS,
R/O. NEAR QUBA MASJID, MEHABOOBNAGAR,
DHARWAD.
...RESPONDENT
Digitally
signed by
(BY SRI. S.B.DODDAGOUDAR, ADVOCATE)
ANNAPURNA
ANNAPURNA CHINNAPPA
CHINNAPPA DANDAGAL
DANDAGAL Date: THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
2024.02.22
11:30:27
+0530
401 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER PASSED BY
THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN
CRIMINAL APPEAL NO.28/2020 DATED 30.12.2021, CONFIRMING
THE ORDER OF CONVICTION AND SENTENCE, PASSED BY THE
PRINCIPAL CIVIL JUDGE AND JMFC, DHARWAD IN CC NO.687/2016
DATED 23.01.2020, FOR THE OFFENCES PUNISHABLE U/S 138 OF
N.I. ACT, BY ALLOWING THIS REVISION PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.RP No. 100072 of 2022
ORDER
This criminal revision petition under Section 397
read with Section 401 of the Criminal Procedure Code (for
short, 'the Cr.P.C.') is filed with a prayer to set aside the
judgment and order of conviction and sentence passed by
the Court of Principal Civil Judge and JMFC, Dharwad, in
C.C.No.687/2016 dated 23.01.2020 and the judgment and
order dated 30.12.2021 passed by the Court of IV
Additional District and Sessions Judge, Dharwad in
Criminal Appeal No.28/2020.
2. Heard the learned counsel for the parties.
3. Learned counsel for the parties at the inception
jointly submits that the dispute between the parties has
been amicably settled during pendency of this criminal
revision petition and the petitioner has offered to pay the
entire amount of Rs.1,75,000/- covered under the cheque
in question to the respondent/complainant towards full
and final settlement the his claim. They submit that in
furtherance of such settlement arrived between the parties
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which is voluntary and without there being any undue
influence and coercion, the parties have filed a joint
compromise petition before this Court today under Section
147 of the Negotiable Instrument Act, 1881 (for short, the
N.I.Act') read with Section 320 of the Cr.P.C.
4. The said application dated 20.02.2024 is taken on
record and the same is reads as follows:
Joint compromise petition U/S.147 of NI Act R/W
Sec.320 of Cr.PC.
The petitioner-accused and the Respondent-
complainant in the above petiton submit that the
matter above is settled amicably between them as
follows.
The petitioner has agreed to pay Rs.1,75,000/- to the
Respondent in total and the Respondent has agreed
for the same. The Petitioner has already deposited
Rs.42,500/- before the Hon'ble trial court and in view
of the settlement the Respondent is at liberty to
withdraw the same.
And further the petitioner herein has paid an amount
of Rs.42,000/- by way of cash before this hon'ble
court today and the same is received by the
respondent. And
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Further the petitioner has agreed to pay the remaining
balance amount of Rs.91,000/- within 6(six) months
from today-by way of transferring the amount through
RTGS to the account of the respondent complainant
bearing A/c No.3961000101048391 at Panjab National
Bank Dharwad Suchas Road Branch namely
A.M.Navalur IFSC Code:PUNB0396100
That if the petitioner/accused failed to transfer the
agreed amount of Rs.91,000/- within 6(six) months
from today i.e., 20/02/2024 the respondent
complainant is at liberty to re-open the above
proceedings and same is continued from the same
stage.
Hence this joint compromise memo may be accepted
and necessary orders may be passed in the interest of
justice.
5. The joint compromise petition filed under Section
147 of the N.I.Act read with Section 320 of the Cr.P.C is
signed by the respective parties and also by their learned
counsels. The respective parties, who are present before
this Court are identified by their learned advocates.
6. Learned counsel for the parties jointly submit that
out of the amount of Rs.1,75,000/- which is agreed to be
paid by the petitioner towards full and final settlement to
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the respondent, an amount of Rs.42,500/- was deposited
before the trial Court and another amount of Rs.42,000/-
is today paid in cash by the petitioner to the respondent.
Respondent who is present in person before the Court has
acknowledged the receipt of said amount.
7. They also submit that having regard to the
settlement arrived between the parties, they may be
permitted to compound the offence for which the
petitioner has been convicted.
8. Considering the joint compromise petition and
also the submissions made by the learned counsels
appearing on both sides, I am of the opinion that the
prayer made by them to permit the parties to compound
the offence is required to be granted. Accordingly, the
following:
ORDER
a) The prayer made by the parties to permit them
to compound the offence for which petitioner
has been convicted and sentenced by Courts
below is granted.
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b) Parties are permitted to compound the offence
punishable under Section 138 of the N.I.Act.
Consequently, the judgment and order of
conviction and sentence passed by the trial
Court which is confirmed by the appellate Court
are set aside and the petitioner is acquitted for
the offence punishable under Section 138 of the
N.I.Act.
c) Respondent/complainant is permitted to
withdraw the amount of Rs.42,500/- deposited
by the petitioner before the trial Court in
C.C.No687/2016.
d) In the event the petitioner fails to deposit the
balance amount of Rs.91,000/- within a period
of six months from today as undertaken by him
in the joint compromise petition filed today the
respondent/complainant is at liberty to seek
revival of this order.
Sd/-
JUDGE
AC
CT:GSM
