Sri Jithendra Acharya vs Bhagawathi Co Operative Bank Ltd
2024 Latest Caselaw 15628 Kant

Karnataka High Court

Sri Jithendra Acharya vs Bhagawathi Co Operative Bank Ltd on 3 July, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                     NC: 2024:KHC:25146
                                                 CRL.RP No. 498 of 2017




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 3RD DAY OF JULY, 2024

                                        BEFORE
                       THE HON'BLE MR JUSTICE V SRISHANANDA
                    CRIMINAL REVISION PETITION NO. 498 OF 2017
                BETWEEN:

                SRI. JITHENDRA ACHARYA,
                S/O K.HARISHCHANDRA ACHARYA,
                AGED ABOUT 37 YEARS,
                R/AT DOOR NO.2-47 (A),
                KALLUPADE, BELMA POST,
                DERALAKATTE, MANGALORE
                                                          ...PETITIONER
                (BY SMT. VEENA.T.N., ADVOCATE)

                AND:

                BHAGAWATHI CO-OPERATIVE BANK LTD.,
                HEAD OFFICE JEPPU MANGALORE,
                ITS BRANCH OFFICE AT THOKKOTTU,
                REP. BY BRANCH MANAGER,
Digitally       MRS. JAYALAXMI
signed by
YAMUNA K L                                               ...RESPONDENT
Location:       (BY SRI. JEEVAN K., ADVOCATE)
High Court of
Karnataka
                     THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
                PRAYING TO SET ASIDE THE JUDGMENT DATED 10.11.2016
                PASSED BY THE IV ADDL. DIST. AND S.J., D.K., MANGALORE
                IN CRL.A.NO.192/2013 CONFIRMING THE JUDGMENT DATED
                23.03.2013 IN C.C.NO.8381/2006 PASSED BY THE IV JMFC,
                MANGALORE.

                     THIS PETITION, COMING ON FOR FINAL HEARING, THIS
                DAY, THE COURT MADE THE FOLLOWING:
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                                               NC: 2024:KHC:25146
                                         CRL.RP No. 498 of 2017




                             ORDER

Case called out. Parties present.

2. An application under Section 147 of the Negotiable

Instruments Act, 1881 (for short 'N.I.Act') is filed, which is

signed by the parties and their respective Advocates.

3. Since, entire fine amount has been paid and apart

from the said fine amount, the parties have also amicably

settled in respect of the other outstanding amounts, there is no

impediment for this Court to set aside the order of conviction

passed by the learned Magistrate and confirmed by the learned

Judge in the First Appellate Court.

4. Accordingly, following:

ORDER

(i) Criminal Revision Petition is allowed;

(ii) Order of conviction passed in

C.C.No.8381/2006 dated 23.03.2013

confirmed in Crl.A.No.192/2013 on the file of

the VI Additional District and Sessions Judge,

D.K., Mangaluru, is hereby set aside;

NC: 2024:KHC:25146

(iii) An amount of Rs.2,000/- awarded towards

defraying expenses of the State is also set

aside;

(iv) The amount in deposit before the trial Court is

ordered to be withdrawn by the respondent-

complainant under due identification.

Sd/-

JUDGE

SMJ