Karnataka High Court
Basavaraj S/O Girimalla Satigoudar vs Anand S/O Ishwar Kelaginamath on 27 February, 2024
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NC: 2024:KHC-D:4601
CRL.RP No. 100276 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL REVISION PETITION NO. 100276 OF 2019 (397)
BETWEEN:
BASAVARAJ S/O GIRIMALLA SATIGOUDAR
AGE: 47 YEARS, OCC: BUSINESS,
R/O: BASAVAN GALLI, KILLA, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
- PETITIONER
(BY SRI MAHANTESH R PATIL, ADVOCATE)
AND:
ANAND S/O ISHWAR KELAGINAMATH
AGE: 37 YEARS, OCC: BUSINESS,
R/O: VIDYA NAGAR, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
- RESPONDENT
(BY SRI RAKESH S. HATTIKATAGI, ADVOCATE)
SAROJA THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
HANGARAKI 401 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER OF CONVICTION
AND SENTENCE PASSED BY THE XII-ADDL. DISTRICT & SESSIONS
Digitally signed by
SAROJA HANGARAKI JUDGE, BELAGAVI, SITTING AT GOKAK DATED 24.09.2019 IN CRL.
Date: 2024.03.01
10:07:18 +0530 A. NO.142/2019 WHEREIN HE HAS CONFIRMED THE ORDER PASSED
BY THE PRL. CIVIL JUDGE & JMFC COURT, GOKAK, IN C.C. NO.
2730/2017 DATED 18.04.2019 AND ACQUIT THE PETITIONER FOR
THE OFFENCES PUNISHABLE U/S 138 OF NI ACT.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:4601
CRL.RP No. 100276 of 2019
ORDER
Sri Mahantesh R. Patil, counsel for revision petitioner is
present. Sri Rakesh S. Hattikatagi, counsel for respondent is
present.
2. The parties have already submitted application on
27.11.2023 seeking permission of this court to compound the
matter in terms of Section 147 of N.I. Act. This Court by order
dated 27.11.2023 has recorded that the application is filed by
both the parties seeking permission to compound the offence.
3. As per the terms of the compromise petition, money was
required to be paid in three installments. The fine amount of
Rs.10,000/- has already been deposited before the first
appellate court at the time of admitting the appeal.
4. Learned counsel for the petitioner and respondent filed
memo of payment dated 18.12.2023 for having paid the first
installment of Rs.40,000/-. Similarly, second memo is filed on
19.01.2024 reporting payment of Rs.40,000/-. Both the
counsel already filed memo dated 02.02.2024 for having paid
the balance amount of Rs.35,000/-. Thus the fine amount as
ordered by the trial court has been paid by the accused.
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5. Counsel for respondent submits that accused has made
payments as referred above in terms of the compromise
petition. Hence, submission of both the counsel is accordingly
recorded. The application filed u/S 147 of N.I. Act r/w Sec. 320
of Cr.P.C. is hereby allowed. Consequently, I proceed to pass
the following order.
ORDER
In view of accepting the joint compromise petition in
terms of Sec. 147 of N.I. Act r/w Sec. 320 of Cr.P.C., the
judgment of the trial court on the file of the Prl. Civil Judge &
JMFC, Gokak in C.C. No. 273/2017 dated 18.04.2019 which is
confirmed by XII Addl. Dist. & Sessions Judge, Belagavi sitting
at Gokak in Crl. A. No. 142/2019 dated 24.09.2019 is hereby
set aside.
Consequently, the accused is acquitted. Accordingly,
revision petition is disposed off.
Sd/-
JUDGE
BVV
