Sri Shabeer Khan vs Sri V Anjaneya Reddy
2024 Latest Caselaw 5143 Kant

Karnataka High Court

Sri Shabeer Khan vs Sri V Anjaneya Reddy on 20 February, 2024

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                                                            NC: 2024:KHC:6999
                                                      CRL.RP No. 622 of 2020




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                           BEFORE
                             THE HON'BLE MR JUSTICE S RACHAIAH
                      CRIMINAL REVISION PETITION NO. 622 OF 2020
                   BETWEEN:

                   SRI. SHABEER KHAN,
                   S/O RAHIM KHAN,
                   AGED ABOUT 43 YEARS,
                   EX-MUNICIPAL COUNCILOR,
                   R/O HYDERALI MOHALLA,
                   SRINIVASAPURA TOWN,
                   KOLAR TALUK AND DISTRICT - 563 135.
                                                                ...PETITIONER
                   (BY SRI. NANJUNDA GOWDA M R., ADVOCATE)

                   AND:

                   SRI. V. ANJANEYA REDDY,
                   S/O LATE VENKATASHAMY,
Digitally signed   AGED ABOUT 61 YEARS,
by SUDHA S
Location: HIGH     R/O DASARA THIMMANAHALLI VILLAGE,
COURT OF
KARNATAKA          RONUR HOBLI,
                   SRINIVASAPURA TALUK,
                   AND ALSO RESIDENT OF
                   VENKATESHWARA EXTENSION,
                   SRINIVASAPURA TOWN,
                   KOLAR DISTRICT - 563 135.
                                                               ...RESPONDENT
                   (BY SRI.G.M.SRINIVASA REDDY, ADVOCATE)

                          THIS CRL.R.P. IS FILED   U/S.397 R/W 401     CR.P.C
                   PRAYING TO i) SET ASIDE THE JUDGMENT AND ORDER DATED
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                                                NC: 2024:KHC:6999
                                          CRL.RP No. 622 of 2020




28.03.2018 PASSED IN C.C.NO.48/2016 ON THE FILE OF
PRINCIPAL CIVIL JUDGE AND J.M.F.C., SRINIVASAPURA AND
ALSO        JUDGMENT   AND     ORDER    DATED     29.05.2020    IN
CRL.A.NO.41/2019 ON THE FILE OF I ADDITIONAL SESSIONS
JUDGE, KOLAR AND ACQUIT THE PETITIONER FOR THE
OFFENCE P/U/S 138 OF N.I. ACT AND ETC.,

       THIS PETITION, COMING ON FOR ORDERS, 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 section 482 of Cr.P.C., stating that matter

has been settled between the parties and the matter may be

disposed of accordingly.

3. 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 the parties have settled the

matter amicably. Hence, I proceed to pass the following:

NC: 2024:KHC:6999

ORDER

i. The Criminal Revision Petition is disposed of in terms of compromise.

ii. The judgment of conviction and order of sentence dated 28.03.2018 in C.C.No.48/2016 passed by the Court of Prl. Civil Judge and JMFC, Srinivaspur and its confirmation judgment and order dated 29.05.2020 in Crl.A.No.41/2019 passed by the Court of I Addl. Sessions Judge, Kolar are set aside.

iii. The petitioner is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

iv. Bail bond executed, if any, stands cancelled.

Sd/-

JUDGE

JS