Karnataka High Court
Maheshkumar A vs Channegowda K K on 17 January, 2024
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NC: 2024:KHC:2428
CRL.RP No. 1508 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1508 OF 2019
BETWEEN:
MAHESHKUMAR A,
S/O ARLUMALLIGAIAH,
AGED ABOUT 32 YEARS,
R/AT DODDABELE VILLAGE,
THYMAGONDLU HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 132.
...PETITIONER
(BY SRI. MANJUNATH M.R, ADVOCATE)
AND:
CHANNEGOWDA K.K,
S/O KALAVEERAIAH,
Digitally AGED ABOUT 33 YEARS,
signed by N
UMA R/AT NO. 1940, 1ST MAIN ROAD,
Location: M.C.LAYOUT, VIJAYANAGAR,
HIGH
COURT OF BENGALURU - 560 040.
KARNATAKA
...RESPONDENT
(BY SRI. SIDDARAJU M, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC
PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY
THE LEARNED XXIII A.C.M.M., AT BENGALURU DATED
02.06.2018 PASSED IN C.C.NO.20184/2017 AND ALSO
CONFIRMED BY THE JUDGMENT AND ORDER PASSED BY LII
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NC: 2024:KHC:2428
CRL.RP No. 1508 of 2019
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU IN CRL.A.NO.1192/2018 DATED 24.09.2019
REMAND THE ABOVE CASE BEFORE TRIAL COURT.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Manjunath M.R., learned counsel for the
petitioner and Sri. Siddaraju M, learned counsel for the
respondent.
2. The Petitioner and the respondent are present and
they are identified by their respective counsels. The Joint
Affidavit is duly signed by the petitioner, the respondent and
their respective counsels.
3. Learned counsel for both the parties have filed an
application under Section 147 of Negotiable Instrument Act
along with the affidavits. The para-3 of the said affidavits
reads thus:
"3. I submits that the myself and respondent
known each other, all the elders and well wishers
of the both family were advised me and
respondent to settle our disputes amicably and
they advised me to pay the entire Cheque amount
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including fine of Rs.37,000/- I agreed for the same
out of which I have already deposited sum of
Rs.19,000/- before the Trail as per the order of
this Hon'ble court and 1st appellate court the
remaining Balance of Rs.18,000/- is to paid the
respondent as cash before this Hon'ble Court today
further I have no objection to release the
deposited amount before the trial Court".
4. On careful reading of the averments of the said
affidavits and also taking into consideration of the submission
made by the learned counsel for respective parties, it is
appropriate to record compromise since the offence punishable
under Section 138 of N.I. Act is compoundable in nature.
Hence, there is no embargo to this Court to dispose of the
matter in terms of compromise. Hence, I proceed to pass the
following:
ORDER
i. The Criminal Revision Petition is disposed of in
terms of compromise.
ii. The judgment of conviction and order of
sentence dated 02.06.2018 in
C.C.No.20184/2017 passed by the Court of XXIII
Addl. C.M.M., Bengaluru and its confirmation
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judgment and order dated 24.09.2019 in
Crl.A.No.1192/2018 passed by the Court of LII
Addl. City Civil and Sessions Judge, Bengaluru
(CCH-53) are set aside.
iii. The petitioner is acquitted for the offence
punishable under Section 138 of the Negotiable
Instruments Act, 1881.
iv. The Trial Court is directed to release the amount,
which is deposited by the petitioner/accused to
the respondent/complainant on production of this
order forthwith.
v. Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
JS
CT: BHK
