Sri. Kanakalaxmi Traders Apmc Yard ... vs Shree Laxmi Steels And Cement
2024 Latest Caselaw 18938 Kant

Citation : 2024 Latest Caselaw 18938 Kant
Judgement Date : 30 July, 2024

Karnataka High Court

Sri. Kanakalaxmi Traders Apmc Yard ... vs Shree Laxmi Steels And Cement on 30 July, 2024

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                                                          NC: 2024:KHC:30034
                                                    CRL.RP No. 577 of 2024




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 30TH DAY OF JULY, 2024
                                          BEFORE
                           THE HON'BLE MR JUSTICE S RACHAIAH
                       CRIMINAL REVISION PETITION NO. 577 OF 2024
                   BETWEEN:

                      SRI. KANAKALAXMI TRADERS
                      APMC YARD D/BLOCK
                      REP. BY ITS PROPRIETOR
                      DHARANEDRA
                      S/O CHANNABASAPPA,
                      AGED ABOUT 63 YEARS,
                      R/O NO. 667/3,
                      BALEHOLADA SIDDAPPA ROAD,
                      DAVANGERE - 577 001.

                                                               ...PETITIONER
                   (BY SMT. VIJAYA M N, ADVOCATE)

                   AND:

                      SHREE LAXMI STEELS AND CEMENT
                      RMC LINK ROAD,
Digitally signed      REP BY ITS MANAGING PARTNER,
by
SREEDHARAN            G V VENKATESH
BANGALORE
SUSHMA                S/O LATE G NAGENDRAPPA
LAKSHMI
Location: HIGH        AGED ABOUT 53 YEARS,
COURT OF              R/O RMC LINK ROAD
KARNATAKA
                      DAVANAGERE - 577 001.

                                                              ...RESPONDENT
                   (BYRI. SHIVAKUMAR M PATIL, ADVOCATE)

                        THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C
                   PRAYING TO SET ASIDE THE JUDGMENT AND CONVICTION
                   ORDER PASSED BY THE 1ST ADDITIONAL CIVIL JUDGE AND
                   JMFC AT DAVANGERE IN C.C.NO.5020/2021 DATED 07.01.2023
                   AND ETC.,
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                                            CRL.RP No. 577 of 2024




    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:       HON'BLE MR JUSTICE S RACHAIAH

                           ORAL ORDER

1. Heard Smt.Vijaya M.N., learned counsel for the

petitioner and Shri Shivakumar M Patil, learned counsel for the

respondent.

2. Both learned counsels submit that the parties have

settled the dispute amicably and filed a Joint Memo of even

date. The joint memo is taken on record.

3. The petitioner and the respondent are present and

are identified by their respective counsels. The respondent

acknowledges receipt of cash of Rs.1,87,700/- (Rupees One

Lakh Eighty Seven Thousand Seven Hundred only) from the

petitioner. The Joint Memo is duly signed by the petitioner,

respondent and their respective counsel. The joint memo reads

thus:

"It is submitted that the respondent has filed the C.C. No. 2050/2021 against the petitioner for the cheque amount of Rs 2,40,000/- under section 138 of NI Act. After contest the Hon'ble Trial court convicted the

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petitioner/Accused for the offence punishable under section 138 of NI Act and sentenced to pay fine of Rs 4,20,000/- The said order is confirmed by the appellate court It is submitted that the petitioner and the respondent in the above case have settled for the amount of Rs 2,60,000/- on the following terms.

1) Petitioner/Accused has agreed to pay Rs 2,60,000/-

to respondent in full and final settlement of the above case in respect of dishonored cheque.

2) The Respondent is agreed to withdraw the amount of Rs 72,300/- which is deposited by the petitioner/Accused in CC No.2050/2021 before the 1st Addl Civil Judge and JMFC at Davangere.

The petitioner paid the remaining amount of Rs 1,87,700/- through cash before this Hon'ble court and the same is acknowledging the receipt of the amount by the Respondent.

Hence this Joint memo in the interest of justice."

4. In terms of the averments stated above, the parties

have settled the matter amicably and sought to dispose of the

matter as per the terms and conditions stated above. Their

submission is placed on record.

5. On perusal of the above said terms and conditions

and also considering the offence which is punishable under

Section 138 of the N.I. Act, which is compoundable in nature,

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there is no embargo to this Court to record the compromise in

terms as stated supra.

6. 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 07.01.2023 in C.C.No.5020/2021

by the learned I Additional Civil Judge and

J.M.F.C., Davanagere and its confirmation

judgment and order dated 27.01.2024 in Crl.A.

No.10/2023 by the learned I Additional District

and Sessions Judge, Davanagere, are set aside.

(iii) The petitioner / accused No.1 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

No.1, if any, in favour of the respondent /

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complainant forthwith, on proper identification

and on production of certified copy of the order

of this Court.