Karnataka High Court
Mehaboob Pasha S/O Mohammed Sab vs Kanakadas Souharda Patina Sahakari ... on 4 January, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:222
CRL.RP No. 100447 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100447 OF 2023 (397)
BETWEEN:
MEHABOOB PASHA S/O. MOHAMMED SAB,
AGE: 29 YEARS, OCC. BUSINESS,
R/O. BLOCK NO. 10, GUNDAMMA CAMP,
GANHAVATHI, DIST. KOPPAL-583227.
...PETITIONER
(BY SRI ANWAR BASHA, ADVOCATE)
AND:
KANAKADAS SOUHARDA PATINA SAHAKARI NIYAMAITHA
REPRESENTED BY ITS MANAGER,
SANTOSH LANKI S/O. MALLESHAPPA LANKI,
AGE: 30 YEARS, R/O. HOSALLI VILLAGE,
TQ. GANGAVATHI, DIST. KOPPAL-583227.
...RESPONDENT
(BY SRI PRASHANT MATHAPATI, ADVOCATE)
Digitally
signed by
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
VIJAYALAXMI
VIJAYALAXMI M BHAT
M BHAT Date:
R/W 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS ON
2024.01.04
17:27:19
+0530
THE FILE OF I ADDL. DIST AND SESSIONS JUDGE KOPPAL
SITTING AT GANGAVATHI IN CRIMINAL APPEAL NO. 13/2022 AND
ON THE FILE OF PRL. CIVIL JUDGE AND J.M.F.C. HOSAPETE IN
C.C.NO. 1787/2018 PERUSE THE SAME AND SET ASIDE THE
JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE I
ADDL. DIST AND SESSIONS JUDGE KOPPAL SITTING AT
GANGAVATHI IN CRIMINAL APPEAL NO. 13/2022 DATED
31.10.2022 AND THE JUDGMENT OF CONVICTION AND SENTENCE
PASSED BY THE PRL. CIVIL JUDGE AND JMFC GANGAVATHI IN
C.C.NO. 1787/2018 DATED 12.11.2021 FOR OFFENCE P/U/SEC.
138 OF NI ACT AND SET THE PETITIONER AT LIBERTY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:222
CRL.RP No. 100447 of 2023
ORDER
1. This revision petition is filed under Section 397
of Cr.P.C. with a prayer to set aside the judgment and
order of conviction and sentence passed by the Court of
Principal Civil Judge and JMFC, Gangavathi in
C.C.No.1787/2018 convicting the petitioner for the offence
under Section 138 of Negotiable Instruments Act, which is
confirmed in Crl.A.No.13/2022 by the Court of I Additional
District and Sessions Judge, Koppal, (sitting at
Gangavathi) disposed of on 31.10.2022.
2. The learned counsel for the parties at the
inspection submit that the dispute between the parties has
been settled and an application under Section 320 of
Cr.P.C. r/w 147 of Negotiable Instruments Act is being
filed for compounding the offence for which the petitioner
has been convicted by the Courts below. The said
application is taken on record.
3. Aforesaid application is signed by the learned
counsel for the parties and also by the authorized
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representatives of the parties. The Manager of the
respondent-Society who has signed the application is
present before the Court and he is identified by the
learned Advocate for the respondent. In the application
filed by the parties with a prayer to permit them to
compound the offences, it is stated that the respondent
has received a sum of Rs.10,50,000/- from the petitioner
towards settlement. The Manger of the respondent-Bank
who is present before the court has endorsed the
statement made in the application and submits that
amount received is towards full and final settlement of the
dispute between the parties in the present case. In the
application, it is also stated that respondent has no
objection to allow the petition and acquit the petitioner.
4. The material on record would also go to show
that the respondent-Bank has already issued no objection
certificate dated 24.11.2023 in favour of the petitioner
herein, wherein it is stated that they have received a sum
of Rs.10,50,000/-. From the reading of the said certificate,
it is seen that the settlement amount of Rs.10,50,000/- is
NC: 2024:KHC-D:222
inclusive of amount of Rs.1,25,000/- deposited by the
petitioner before the trial Court and it is stated in the said
certificate that the petitioner has no objection for the
respondent to withdraw the said amount.
5. Considering the aforesaid aspect of the matter,
I am of the opinion that since the dispute between the
parties has been amicably settled and they have come
forward by filing an application seeking permission of this
Court to compound the offence for which petitioner has
been convicted, the prayer made in the application is
required to be granted. Accordingly, the following:
ORDER
Application filed by parties under Section 320 of
Cr.P.C r/w 147 of N.I. Act is allowed. They are permitted
to compound the offences. Consequently, the judgment
and order of conviction and sentence dated 12.11.2021
passed by the Court of Principal Civil Judge and JMFC,
Gangavathi in C.C.No.1787/2018 which is confirmed in
Crl.A.No.13/2022 by the Court of I Additional District and
NC: 2024:KHC-D:222
Sessions Judge, Koppal, (sitting at Gangavathi) disposed
of on 31.10.2022 are set aside. Accordingly, petition is
disposed off.
The petitioner is acquitted of the offence punishable
under Section 138 of the N.I.Act.
The respondent is at liberty to withdraw the amount
of Rs.1,25,000/- which is deposited by the petitioner
before the trial Court in CC no.1787/2018.
The petitioner shall forthwith be released from the
custody.
Sd/-
JUDGE
Vmb
