Karnataka High Court
Sri Shivanna (Pente) vs Sri Shankaregowda on 17 January, 2024
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NC: 2024:KHC:2125
CRL.RP No. 1147 of 2021
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. 1147 OF 2021
BETWEEN:
SRI. SHIVANNA (PENTE)
S/O KARI GOWDA
AGED ABOUT 42 YEARS
R/O KURUBARAHALLI
Digitally MANCHENAHALLI POST
signed by N CHIKKAMAGALURU TALUK AND DISTRICT - 577 101.
UMA
Location:
HIGH ...PETITIONER
COURT OF (BY SRI. GIRISH B BALADARE, ADVOCATE)
KARNATAKA
AND:
SRI. SHANKAREGOWDA
S/O LAKKEGOWDA
AGED ABOUT 47 YEARS
R/O MATIGHATTA VILLAGE
HALEBEEDU HOBLI
BELUR TALUK
HASSAN DISTRICT - 573 201.
...RESPONDENT
(BY SRI. JAGADEESH H T, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT DATED 28.07.2021 PASSED BY
THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT
CHIKKAMAGALURU IN CRL.A.NO.191/2020 AND THE
JUDGMENT DATED 15.10.2020 PASSED BY THE I ADDITIONAL
CIVIL JUDGE AND JMFC AT CHIKKAMAGALURU IN
C.C.NO.1687/2014 AND ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:2125
CRL.RP No. 1147 of 2021
ORDER
1. Heard Shri Girish B.Baladare, learned counsel for
the petitioner and Shri Jagaeesh H.T, learned counsel for the
respondent.
2. Both learned counsels submit that the parties have
settled the dispute amicably and filed a joint memo along with
joint affidavit. The same is taken on record.
3. The Petitioner and the respondent are present and
identified by their respective counsels. The joint memo is duly
signed by the petitioner, the respondent and their respective
counsels. The paragraph No.3 of the joint memo reads thus:
"3. It is submitted that, with the
intervention of the elders and well-wishers the
dispute between the accused/petitioner and
complainant/respondent was resolved.
Accordingly, the petitioner/accused had paid the
entire cheque amount of Rs. 1,80,000/- to the
Respondent/complainant and said amount was
received by the complainant. Therefore, there is
no due by the petitioner to the Respondent
hereinafter and same was acknowledged by the
Respondent/complainant. Hence, they have no
claims each other in any manner whatsoever
NC: 2024:KHC:2125
under law against each other hereinafter in any
manner."
4. On perusal of the averments made joint memo,
joint affidavit and also on the submission made by the learned
counsel for the respective parties, there is no embargo to this
Court to record the compromise since the offence which is
punishable under Section 138 of the N.I. Act, is compoundable
in nature.
5. Accordingly, I proceed to pass the following:
ORDER
(i) The Criminal Revision Petition stands disposed of
in terms of the compromise.
(ii) The judgment of conviction and order of
sentence dated 15.10.2020 passed in
C.C.No.1687/2014 by the Court of the 1st
Additional Civil Judge and JMFC at
Chikkamagaluru and its confirmation judgment
and order dated 28.07.2021 passed in Crl.A.
No.191/2020 by the Court of the Principal
District and Sessions Judge, Chikkamagaluru,
are set aside.
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(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of
Negotiable Instruments Act.
(iv) The Trial Court is directed to release the amount,
in favour of the petitioner / accused, in case, any
amount is deposited in pursuance of the order of
the Appellate Court, on proper identification and
on production of certified copy of the order of
this Court.
(v) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
UN
