Karnataka High Court
Sri K Shivaprakash vs Sri Prakash Rao on 23 February, 2024
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NC: 2024:KHC:7642
CRL.RP No. 110 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 110 OF 2024
BETWEEN:
SRI K SHIVAPRAKASH
AGED 45 YEARS
S/O NARAYANA MADIVALA
KODIBATTAJE HOUSE
MACHARU, UJIRE VILLAGE AND POST
BELTHANGADY TALUK D K - 574 215.
...PETITIONER
(BY SRI. RACHITHA RAJSHEKAR, ADVOCATE)
AND:
SRI PRAKASH RAO
AGED 45 YEARS
S/O L N RAO
R/AT PRANAMYA NILAYA
PILICHAMUNDIKALLU HOUSE
VARAKABE, KUVETTU VILLAGE
Digitally GURUVAYANAKERE POST
signed by BELTHANGADY TALUK, D K - 574 214.
SUDHA S
Location:
HIGH ...RESPONDENT
COURT OF (BY SRI. AKSHAY KUMAR JAIN, ADVOCATE)
KARNATAKA
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED
12.11.2020 PASSED IN CRL.A.NO.16/2019 BY THE COURT OF
III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
D.K.MANGALORE AND THE JUDGMENT AND DECREE DATED
02.01.2019 PASSED IN C.C.NO.14/2017 BY THE COURT OF
PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C BELTHANGADY.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:7642
CRL.RP No. 110 of 2024
ORDER
1. Sri.Akshay Kumar Jain, learned counsel filed vakalath on
behalf of the respondent. The same is taken on record.
2. Heard Smt.Rachitha Rajashekar, learned counsel for the
petitioner and Sri.Akshay Kumar Jain, learned counsel
for the respondent.
3. The learned counsel for the respective parties have filed
joint compromise petition under Section 147 of the
Negotiable Instruments Act, 1881 (for short 'N.I. Act')
r/w Section 482 of the Code of Criminal Procedure (for
short 'Cr.P.C.') along with affidavits of the petitioner and
the respondent. The same are taken on record.
4. The joint compromise petition is duly signed by the
petitioner and the respondent. Paragraph Nos.2 and 3 of
the compromise petition read thus:
"2. Both the parties hail from Belthangady
Taluk and both have settled all their disputes
amicably and they have entered into
compromise voluntarily. Towards the full and
final settlement of all the claims covered by CC
NO.14/2017 on the file of Court of Prl.Senior
Civil Judge and JMFC, Belthangady, which is
confirmed in Crl.A.No.16/2019 before the
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Court of III.Addl.District and Sessions Judge,
D.K., Mangalore. It is mutually agreed between
the parties that the accused should pay a sum
of Rs.2,20,000/- and accordingly, the accused
has paid the entire amount of Rs.2,20,000/-.
The complainant has received the said amount
through bank transfer and RTGS.
3. However, on account of inadvertence and
misconception, they could not report the said
compromise to the concerned Court by filing
proper application. Since substantive sentence
is also passed, they were advised by the
concerned advocates at the Trial Court to have
informed that compromise can only be
reported before this Hon'ble Court."
5. It is the submission of the learned counsel for petitioner
that even though the matter has been settled between
the parties, the Trial Court and the Appellate Court
recorded the sentence of imprisonment for one year
along with fine which is exorbitant and it is required to
be modified.
6. Considering the same, I proceed to pass the following:
ORDER
(i) The Criminal Revision Petition stands disposed of
in terms of the compromise.
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(ii) The judgment of conviction and order of
sentence dated 02.01.2019 in C.C.No.14/2017
passed by the Principal Senior Civil Judge and
J.M.F.C at Belthangady and its confirmation
judgment and order dated 12.11.2020 passed in
Crl.A.No.16/2019 by the III Additional District
and Sessions Judge, D.K., Mangaluru, are hereby
modified that the petitioner has been sentenced
to pay fine of Rs.2,20,000/- as compromised
between the parties.
(iii) Since the petitioner has already paid fine as
compromised, the petitioner / accused is
acquitted for the offence punishable under
Section 138 of N.I. Act.
(iv) Bail bond executed, if any, stands cancelled.
(v) The Registry is directed to intimate the
Mangaluru Jail Authority regarding acquittal of
the accused.
Sd/-
JUDGE
