Karnataka High Court
E. Raghavendra Shetty vs Sri Jagadeesh Traders on 5 June, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.RP No. 200135 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO.200135 OF 2023 (397)
BETWEEN:
SRI E. RAGHAVENDRA SHETTY
S/O DODDA NARASAIN SHETTY
AGE 36 YEARS, OCC: COOLIE
R/O. ADARSHA COLONY
TQ: SINDANUR, DIST: RAICHUR
PRESENTLY RESIDING AT
HARAPPANAHALLI
TALUK: HARAPANAHALLI
DISTRICT: DAVANAGERE
...PETITIONER
(BY SRI MAHANTESH PATIL, ADVOCATE)
AND:
Digitally
signed by
SHILPA R
TENIHALLI
SRI JAGADEESH TRADERS
Location: REPRESENTED BY ITS PROPRIETOR
HIGH COURT
OF SHAMBANAGOUDA S/O DODDANAGOUDA
KARNATAKA
R/O JAGADEESH TRADERS AT APMC YARD,
SINDHANUR TALUK, SINDHANUR
DISTRICT RAICHUR
...RESPONDENT
(BY SRI KRUPA SAGAR PATIL, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W SEC. 401 OF CR.P.C
PRAYING SET ASIDE THE JUDGMENT AND ORDER DATED
03.11.2023 PASSED BY THE LEARNED III-ADDL. DISTRICT AND
SESSIONS JUDGE, RAICHUR SITTING AT SINDHANUR IN
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CRL.RP No. 200135 of 2023
CRIMINAL APPEAL NO.46/2022 AND ORDER OF CONVICTION
AND SENTENCE DATED 07.09.2022 PASSED BY THE LEARNED
II ADDITIONAL CIVIL JUDGE AND JMFC, SINDHANUR IN
C.C.NO.318/2018 AND ACQUIT THE APPELLANT / ACCUSED, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This criminal revision petition under Section 397 read
with Section 401 of Cr.P.C. is filed by the accused with a
prayer to set aside the judgment and order of conviction
and sentence passed by the Court of II Additional Civil
Judge and JMFC, Sindhanur (for short 'Trial Court') in
C.C.No.318/2018 dated 07.09.2022 and the judgment and
order dated 03.11.2023 passed by the Court of III
Additional District and Sessions Judge, Raichur, sitting at
Sindhanur (for short 'first appellate Court') in Criminal
Appeal No.46/2022.
2. Heard learned counsel for the parties.
3. The respondent herein had initiated proceedings
against the petitioner for the offence punishable under
Section 138 of the Negotiable Instruments Act, 1881 (for
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short 'N.I.Act') in C.C.No.318/2018. In the said
proceedings, the Trial Court vide judgment and order
dated 07.09.2022 convicted the petitioner for the offence
punishable under Section 138 of the N.I.Act and sentenced
him to pay fine of Rs.10,50,000/- and in default, to
undergo simple imprisonment for a period of 6 months.
The said judgment and order of conviction and sentence
was confirmed in Criminal Appeal No.46/2022 by the first
appellate Court vide judgment and order dated
03.11.2023. Being aggrieved by the same, the petitioner
is before this Court.
4. Learned counsel for the petitioner and the
learned counsel for the respondent jointly submit that
dispute between the parties has been settled. They
submit that the parties have today filed an application
under Section 320 of Cr.P.C. read with Section 147 of the
N.I.Act seeking permission of this Court to compound the
offence for which the petitioner has been convicted. They
also submit that the respondent had initiated two separate
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proceedings against the petitioner in C.C.No.318/2018 and
in C.C.No.260/2019 and the settlement now reported
before this Court is in respect of both cases. The
application filed by the petitioner and the respondent
dated 05.06.2024 under Section 320 of Cr.P.C. read with
Section 147 of the N.I.Act is supported by the affidavits of
the petitioner and the respondent.
5. The application and the affidavits are taken on
record.
6. In paragraph Nos.2 to 6 of the affidavit filed by
the respondent, it is stated as follows:
2. I state that, I have filed CC No.318/2018
and 260/2019 for the offence punishable |U/S
138 of NI Act. The present revision petition is
arising out of conviction and sentence passed in
CC No.318/2018.
3. I state, due to intervention of elderly
people of our respective families settled the
dispute amicable in order to continue cordial
relationship with each other.
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4. I stated that, in view of the settlement, I
agreed is agreed to receive Rs.12,00,000/- as
full and final settlement from petitioner, The
amount of Rs.6,75,000/- was already paid to me
inpresence of elders. The remaining
Rs.5,25,000/-, it is agreed that I am at liberty to
withdraw the amount deposited in the CC
No.318/2018 pending on the file II addl. Civil
Judge & JMFC Sindhanur.
5. I state that, in view of the aforesaid
settlement I agreed to withdraw the criminal
proceedings in CC No.260/2019 pending on the
file of II Addl. Civil Judge & JMFC Sindhanur.
6. That, in view of amicable settlement
entered between me and petitioner, I have no
objection to set aside the order or conviction and
sentence passed against petitioner in CC
No.318/2018 dated: 07.09.2022 may kindly be
set aside.
7. Reading of the averments in the affidavits filed
in support of the application would go to show that the
petitioner has deposited total sum of Rs.5,25,000/- before
the Trial Court and he has also paid a sum of
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Rs.6,75,000/- to the respondent towards full and final
settlement of the amount covered under the cheques in
question in C.C.No.318/2018 and C.C.No.260/2019.
8. Considering the fact that the dispute between
the parties has been amicably settled and the alleged
offence for which the petitioner has been convicted is a
compoundable offence, I am of the opinion that the prayer
made in the application by the parties needs to be
granted. Accordingly, following order is passed:
ORDER
a) The application filed by the parties under
Section 320 of Cr.P.C. read with Section 147 of the
N.I.Act is allowed.
b) The parties are permitted to compound the
offence under Section 138 of the N.I.Act for which
the petitioner has been convicted in the present
case.
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c) Consequently, the judgment and order of
conviction passed by the Court of II Additional Civil
Judge and JMFC, Sindhanur in C.C.No.318/2018
dated 07.09.2022, which was confirmed in Criminal
Appeal No.46/2022 by the Court of III Additional
District and Sessions Judge, Raichur, sitting at
Sindhanur dated 03.11.2023 is set aside and the
petitioner is acquitted for the offence under Section
138 of the N.I.Act. Accordingly, criminal revision
petition is allowed.
d) The respondent is permitted to withdraw the
amount of Rs.5,25,000/-, which is said to have been
deposited by the petitioner before the Trial Court.
Sd/-
JUDGE
SRT
