Karnataka High Court
Channabasayya S/O Basayya Hiremath vs Shivanand G Hiremath on 12 January, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:793
CRL.RP No. 100370 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100370 OF 2023 (397)
BETWEEN:
CHANNABASAYYA
S/O. BASAYYA HIREMATH, AGE: 32 YEARS,
OCC. AGRICULTURE AND BUSINESS,
R/O. MOOLIMATH ONI, KALAGHATAGI
TQ. KALAGHATAGI, DIST. DHARWAD-581204.
...PETITIONER
(BY SRI PARASHURAM C. SAJJANAR, ADVOCATE)
AND:
SHIVANAND G. HIREMATH
AGE: 45 YEARS,
OCC. AGRICULTURE AND SOCIAL SERVICE,
R/O. KALAGHATAGI, TQ. KALAGHATAGI,
DIST. DHARWAD-581204.
...RESPONDENT
(BY SRI KOTRESH V. HUBBALLI, ADVOCATE)
Digitally
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
VIJAYALAXMI signed by
M BHAT VIJAYALAXMI
M BHAT
R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND
CONVICTION ORDER DATED 16.02.2023 PASSED BY THE III
ADDL. DISTRICT AND SESSIONS JUDGE AND SPL JUDGE,
DHARWAD IN CRIMINAL APPEAL NO.65/2022, WHEREIN THE
APPEAL FILED BY THE ACCUSED/PETITIONER U/.S 374(3) OF
CR.P.C IS DISMISSED AND CONFIRMED THE JUDGMENT OF
CONVICTION AND SENTENCE PASSED BY THE SENIOR CIVIL
JUDGE AND JMFC COURT, KALAGHATAGI DATED 08.04.2022 IN
CC NO.66/2019 WHEREIN THE ACCUSED/PETITIONER
CONVICTED AND SENTENCED TO PAY FINE OF RS.3,05,000/- IN
DEFAULT OF PAYMENT OF FINE, HE SHALL UNDERGO SIMPLE
IMPRISONMENT FOR A PERIOD OF 6 MONTHS AND ACTING U/S
357(1)(b) OF CODE OF CRIMINAL PROCEDURE IT IS ORDERED
THAT, OUT OF THE TOTAL FINE AMOUNT OF RS.3,00,000/-
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NC: 2024:KHC-D:793
CRL.RP No. 100370 of 2023
(THREE LAKH RUPEES ONLY), SHALL BE PAID TO THE
COMPLAINANT TOWARDS THE COMPENSATION AND THE
REMAINING AMOUNT OF RS.5,000/- (FIVE THOUSAND RUPEES)
SHALL BE REMITTED TO THE STATE.
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 Senior Civil Judge and JMFC, Kalaghatagi in
C.C.N.66/2019 dated 08.04.2022 and the judgment and
order passed in Crl.Appeal No.65/2022 by the III Addl.
District and Sessions and Special Judge, Dharwad dated
16.02.2023.
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. read with Section 147 of the
Negotiable Instruments Act with a prayer to permit them
to compound the offence.
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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.
4. In the compromise petition, it is stated that the
petitioner and the respondent have settled their dispute at
the intervention of the well-wishers and family members of
both the parties and the petitioner has paid the entire
amount towards respondent's claim.
5. Learned counsel for the respondent on
instructions submits that, the settlement is towards full
and final settlement of the claim by the respondent in this
case. He submits that the respondent may be permitted to
withdraw the amount deposited by the petitioner before
the Trial Court on 24.06.2022.
6. Considering the submission made by the
learned counsel for the parties and also having regard to
the averments made in the compromise petition, I am of
the view that the parties are required to be permitted to
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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 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.
The judgment and order of conviction and sentence
passed by the Senior Civil Judge and JMFC, Kalaghatagi in
C.C.N.66/2019 dated 08.04.2022, confirmed in Crl.Appeal
No.65/2022 by the Court of the III Addl. District and
Sessions and Special Judge, Dharwad vide order dated
16.02.2023, are set aside.
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.
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In view of the disposal of the petition, pending
Interlocutory application, does not survive for
consideration.
Sd/-
JUDGE
KGK
