Karnataka High Court

Basavanand S/O Shankareppa Jitti vs Vijaykumar S/O Channappa Malbasari on 22 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                            NC: 2024:KHC-D:4316
                                                         CRL.RP No. 100202 of 2022




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                                BEFORE

                             THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                       CRIMINAL REVISION PETITION NO. 100202 OF 2022 (397)
                      BETWEEN:

                      BASAVANAND S/O SHANKAREPPA JITTI
                      AGE: 45 YEARS, OCC: BUSINESS,
                      R/O. MAHALINGAPUR TALUKA. MUDHOL,
                      DISTRICT. BAGALKOT-587313.

                                                                       ...PETITIONER
                      (BY SRI SRINIVAS B. NAIK, ADVOCATE)

                      AND:

                      VIJAYKUMAR S/O CHANNAPPA MALBASARI,
                      AGE: 47 YEARS, OCC: AGRICULTURE,
                      R/O. MAHALINGAPUR,
                      TALUKA. MUDHOL,
                      DISTRICT. BAGALKOT-587313.

                                                                     ...RESPONDENT
ANNAPURNA             (BY SRI M.C.HUKKERI, ADVOCATE)
CHINNAPPA
DANDAGAL
                            THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
Digitally signed by
ANNAPURNA
                      R/W SEC. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF
CHINNAPPA
DANDAGAL              THE COURTS BELOW AND ALLOW THIS REVISION PETITION AND
Date: 2024.02.23
10:18:36 +0530
                      SET-ASIDE THE JUDGMENT AND ORDER DATED 07.04.2022 PASSED
                      IN CRIMINAL APPEAL NO.60/2020 ON THE FILE OF 1ST ADDITIONAL
                      DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING AT
                      JAMKHANDI AND SET ASIDE THE JUDGMENT AND ORDER OF
                      CONVICTION AND SENTENCE DATED 01.10.2020 PASSED IN CC
                      NO.331/2017 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND
                      JMFC MUDHOL, FOR THE OFFENCE PUNISHABLE U/SEC. 138 OF N.I.
                      ACT, AND THEREBY ACQUIT THE PETITIONER/ACCUSED FOR THE
                      OFFENCE PUNISHABLE UNDER SEC. 138 OF THE N.I.ACT.
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                                   NC: 2024:KHC-D:4316
                                  CRL.RP No. 100202 of 2022




     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
                          ORDER

1. This revision petition under Section 397 of

Cr.P.C. is filed with a prayer to set aside the judgment and

order of conviction and sentence passed by the Court of

the Principal Senior Civil Judge and JMFC, Mudhol, in

C.C.N.331/2017 dated 01.10.2020 and the judgment and

order passed in Crl.Appeal No.60/2020 by the I Additional

District and Sessions Judge, Bagalkot, to sit at Jamkhandi,

dated 07.04.2022.

2. Learned counsel for the parties at the inception,

submits that, the dispute between the parties has been

amicably settled during the pendency of this revision

petition and the parties have filed a compromise petition

under Section 320 of Cr.P.C. and Section 147 of the

Negotiable Instruments Act with a prayer to permit them

to compound the offence for which the petitioner has been

convicted and sentenced by the trial Court. They submit

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that settlement between the parties is voluntarily without

there being any coercion and undue influence.

3. The application is taken on record. The same is

signed by the learned counsel for the parties and also by

the parties who are present before the Court and identified

by their learned counsels. Paras 6 and 7 of the

compromise petition reads as follows:

"6. It is submitted that, both the petitioner and the Respondent by the intervention of the elders have amicably settled the entire dispute among themselves in CC No 331/2017, and also among Mr Arvind Channappa Malabasari and Smt. Maitradevi B Davangere i.e., in CC No 332/2017, and in also in respect of Agreement of Sale dated 21/07/2012 in respect of house property, entered between the father of the petitioner i.e., Shankarappa Kallappa Jitti and the Respondent herein Vijaykumar Channappa Malabasari.

7. It is submitted that, both the petitioner and the respondent herein want to end the issue peacefully as per terms and conditions mentioned below:

A. It is agreed by the Respondent that he has conveyed the settlement to his brother i.e., Arvind Channappa Malabasari, about one time settlement in respect of present proceedings in CC No.331/2017 and also in respect of two other transactions i.e., proceedings in CC No. 332/2017 and in respect of Agreement of Sale dated

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21/07/2012, executed by father of the petitioner in favour of the Respondent herein. The brother of the Respondent has readily accepted the said proposal of one time settlement and is also willing to put an end to the dispute.

B. It is agreed by the petitioner that, the petitioner shall pay a sum of Rs 12,00,000/- (Twelve Lakh Rupees) towards full and final settlement of the claims in CC No 331/2017 and CC No 332/2017 on the file of Principal Senior Civil Judge, Mudhol, in respect of Cheque bearing No. 003001 dated 21/09/2016 and in respect of Cheque bearing No 049033 dated 21/09/2016 and in respect of Agreement of Sale dated 21/07/2012 executed by the father of petitioner. The respondent and his brother have accepted the said proposal and are ready to accept a sum of Rs.12,00,000/- (Twelve Lakh Rupees) in respect of CC No 331/2017 and CC No 332/2017 on the file of Principal Senior Civil Judge, Mudhol, in respect of Cheque bearing No. 003001 dated 21/09/2016 and in respect of Cheque bearing No. 049033 dated 21/09/2016 and in respect of Agreement of Sale dated 21/07/2012 executed by the father of petitioner towards full and final settlement. Further, the respondent and his brother have no claim whatsoever as regard to above transactions.

C It is agreed by the respondent, that his brother Arvind Chanappa Malabasari will withdraw the CC No 332/2017 on the file of Principal Senior Civil Judge and JMFC, Mudhol filed against Smt. Maitradevi B Davangere.

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D. It is agreed by the Respondent that, he shall undertake to execute a cancellation deed in respect of agreement of sale dated 21/07/2012 executed by the Shankarappa Kallappa Jittiin favour of the Respondent herein i.e., Vijaykumar Channappa Malabasari, in respect of House property situated at Mahalingapur town bearing CTS No 92/A/1/A in ward No 4 of Kudari Galli.

E. It is agreed by the Respondent that, himself and his brother don't have any claim whatsoever in respect of the loan transaction, and the respondent has agreed to return the cheque of Axis Bank, Saidapur Branch, cheque pertaining to Mahalingapur Urban Co-operative Bank, Mahalingapur, and two blank bonds for a sum of Rs 100/- and Rs.200/- respectively.

F. It is submitted that, by virtue of interim order granted by this Hon'ble Court, the petitioner herein has deposited a sum of Rs 6,00,000/(Six Lakh Rupees) before the Trial court. The petitioner has agreed that he shall pay the remaining balance amount of Rs.6,00,000/- (Six Lakh Rupees) through Demand Draft in favour of Respondent within 4 months from this day. The petitioner has no objection to withdraw the amount by the respondent.

G. It is submitted that, if the petitioner fails to pay the amount within 4 months, the compounding application would automatically get terminated and respondent is at liberty to revive the proceedings"

4. Since the parties have come forward to report

the settlement in the matter with a prayer to permit them

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to compound the offences, I am of the view that the

parties are required to be permitted to compound the

offence punishable under Section 138 of the Negotiable

Instruments Act for which the petitioner has been

convicted and sentenced by the Courts below. Accordingly,

the following:

ORDER The revision petition is disposed of interms of the

compromise petition filed today by the parties.

The parties are permitted to compound the offence

punishable under Section 138 of the Negotiable

Instruments Act for which the petitioner has been

convicted by the Courts below.

Consequently, the judgment and order of conviction

and sentence passed by the Court of Principal Senior Civil

Judge and JMFC, Mudhol, in C.C.N.331/2017 dated

01.10.2020, confirmed in Crl.Appeal No.60/2020 by the I

Additional District and Sessions Judge, Bagalkot, by

judgment and order dated 07.04.2022, are set aside.

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The petitioner is acquitted of the offence punishable

under Section 138 of the Negotiable Instruments Act. The

respondent-complainant is permitted to withdraw the

amount deposited by the petitioner before the Trial Court.

The petitioner has undertaken to pay the balance

amount of Rs.6,00,000/- within four months from today.

In the event the petitioner does not comply the said

undertaking given in the compromise petition and if he

fails to pay the balance amount of Rs.6,00,000/- to the

respondent-complainant within the aforesaid period of four

months, respondent is at liberty to seek revival of this