Karnataka High Court
Santosh S/O Shankarappa Kambalihal vs Shrikant S/O Basappa Basavanal on 7 June, 2024
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NC: 2024:KHC-D:7612
CRL.RP No. 100203 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL REVISION PETITION NO. 100203 OF 2024 (397)
BETWEEN:
SANTOSH S/O SHANKARAPPA KAMBALIHAL,
AGE: 38 YEARS, OCC: GOVT. SERVICE,
R/O: WORKING AT SARVADYANA LIBRARIAN,
HORTICULTURE UNIVERSITY, UDYYANAGARI,
SIMIKERI, BYPASS NAVANAGAR,
BAGALKOT - 583102.
...PETITIONER
(BY SRI SHIVA SHIRUR, ADVOCATE)
AND:
SHRIKANT S/O BASAPPA BASAVANAL,
AGE: 29 YEARS, OCC: PRIVATE,
R/O: VINAYAK NAGAR, 3RD CROSS,
SHANKARMATH ROAD,
BAGALKOT - 583102.
...RESPONDENT
CHANDRASHEKAR
LAXMAN
KATTIMANI (BY SRI RANGANNA G. HOSAMANI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W
HIGH 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE
COURT OF COURTS BELOW AND ALLOW THE REVISION PETITION BY SETTING
KARNATAKA
ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE
CRIMINAL APPEAL NO.49/2021, BY THE PRL. DISTRICT AND
SESSIONS JUDGE AT BAGALKOTE AND THE JUDGMENT AND ORDER
OF CONVICTION, PASSED IN C.C.NO.754/2021, PASSED BY THE I
ADDL. SENIOR CIVIL JUDGE AND JMFC, AT: BAGALKOTE, VIDE
ORDER DATED 22.09.2021 FOR THE OFFENCE P/U/SEC. 138 OF N.I.
ACT AND ACQUIT THE PETITIONER.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:7612
CRL.RP No. 100203 of 2024
ORDER
The learned counsel for the respective parties present.
Both the complainant/respondent and petitioner/accused are
also present. The learned counsel for the respective parties
filed an application under Section 147 of the Negotiable
Instruments Act r/w 320(6) and (8) of Code of Criminal
Procedure along with affidavit. Paragraph-2, 3 and 4 of the
said affidavit reads thus:
"2. I submit that, the above petition is filed
being aggrieved by the judgment and sentence dated
08.08.2022 passed by the Hon'ble Pril Addl. District and
Sessions Judge at Bagalkot, in Criminal App.No.49/2021
confirming the conviction and sentence dated
22.09.2021 passed by the I Addl.Senior Civil Judge and
J.M.F.C., At: Bagalkot, in C.C.No.754/2021., wherein
learned Magistrate has convicted me for the offence
punishable under Section 138 of Negotiable Instruments
Act.
3. I submit that, myself and respondent have
settled the dispute with the mediation of well-wishers.
Accordingly, the respondent has agreed and received an
amount of Rs.8,00,000/- (Eight Lakh rupees only)
towards the claim of the respondent of Rs.8,00,000/-.
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4. Mode of payment of Rs.8,00,000/- is as
under:
a. I have paid Rs.8,00,000/- towards the claim of
Rs.8,00,000/- in cash."
2. On perusal of the above said averments and also
after considering the nature of offence, it is appropriate to
record the compromise. Accordingly, I proceed to pass the
following:
ORDER
The petition is disposed of in terms of the
compromise.
The judgment and order dated 08.08.2022
passed by the Principal District and Sessions
Judge, Bagalkot in Criminal Appeal No.49/2021
confirming the judgment and order dated
22.09.2021 passed by the I Addl.Senior Civil
Judge and JMFC, Bagalkot in C.C.No.754/2021 are
hereby set aside as the matter has been
compromised between the parties.
The petitioner is acquitted for the offence
under Section 138 of the Negotiable Instruments
Act.
Bail bonds, if any, stands cancelled.
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In view of disposal of main petition, pending
interlocutory applications, if any, becomes
infructuous. Accordingly disposed of.
Sd/-
JUDGE
CLK
CT:ANB
