Karnataka High Court
K E Sadiq vs G R Poornesh on 10 January, 2024
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NC: 2024:KHC:1205
CRL.RP No. 661 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 661 OF 2019
BETWEEN:
K E SADIQ
S/O ISMAIL
AGED ABOUT 31 YEARS
Digitally R/O MARKET ROAD
signed by N
UMA KOPPA TOWN, KOPPA TALUK
Location: CHICKMAGALUR DISTRICT - 577 126.
HIGH
COURT OF
KARNATAKA ...PETITIONER
(BY SRI. ABDUL RAZAK, ADVOCATE)
AND:
G R POORNESH
S/O G V RAMASWAMY
AGED ABOUT 36 YEARS
AGRICULTURIST
R/O GOLIKOPPA, GUNAVANTHE VILLAGE AND POST
KOPPA TALUK, CHIKKAMAGALUR DISTRICT
KOPPA TALUK - 577 126.
...RESPONDENT
(BY SRI. ADINARAYAN, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT DATED 23.04.2019 PASSED IN
CRIMINAL APPEAL NO.122/2018 ON THE FILE OF II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT
CHIKKAMAGALURU, CONFIRMING THE CONVICTION JUDGMENT
PASSED BY SENIOR CIVIL JUDGE AND J.M.F.C. N.R.PURA,
ITINERATE AT KOPPA, IN C.C.103/2018 (CC NO.347/2011)
DATED 19/07/2018 AND ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:1205
CRL.RP No. 661 of 2019
ORDER
1. Heard Sri.Abdul Razak, learned counsel for the
petitioner and Sri.Adinarayan, learned counsel for the
respondent.
2. The learned counsel for the parties submit that the
parties have settled the dispute amicably and filed a Joint
Memo. The joint memo is taken on record. The joint memo
reads thus:
" The petitioner herein submits that the above
case is settled between the parties and the
petitioner has paid the full and final settlement
amount of Rs.1,75,000/- (Rupees one lakh
seventy-five thousand only) to the respondent.
The petitioner has deposited the 15% of the fine
amount of Rs.2,50,000/- by complying the order
of the II Addl. District & Sessions Judge, At
Chikkamagaluru, vide Q No.50/2018-19 dated 09-
10-2018 and further deposited Rs.62,800/-
(Rupees sixty-two thousand and eight hundred
only) before the Senior Civil Judge and JMFC, at
Narasimharajapura, Chikmagalur District vide. Q
No.92/2019-20 dated 19-07-2019 by complying
the order of this Hon'ble Court dated 07-06-2019.
Therefore, the Hon'ble Court be pleased to acquit
the petitioner by permitting the parties to
NC: 2024:KHC:1205
compound the offence and dispose the above
criminal revision petition accordingly and further
pleased to direct the Trial Court to refund the said
deposited amount in favor of the petitioner, in the
interest of justice and equity."
3. On perusal of the above said terms of the joint
memo and also considering the offence which is punishable
under Section 138 of the N.I. Act, which is compoundable in
nature, there is no embargo to this Court to record the
compromise in terms as stated supra.
4. 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 19.07.2018 passed in
C.C.No.103/2018 (CC No.347/2011) by the
Senior Civil Judge and JMFC at N.R.Pura,
Itinerate at Koppa and its confirmation judgment
and order dated 23.04.2019 passed in Crl.A.
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No.122/2018 by the II Additional District and
Sessions Judge, Chikkamagaluru are set aside.
(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,
which is deposited by the petitioner / accused, if
any, in favour of the respondent / complainant
forthwith, 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
