Karnataka High Court
Sri. Gopal K Shettar vs Sri. Ravi S/O. Narayanrao Kulkarni on 28 June, 2024
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NC: 2024:KHC-D:8876
CRL.RP No. 100273 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL REVISION PETITION NO. 100273 OF 2017 (397)
BETWEEN:
SRI. GOPAL K.SHETTAR,
AGE: 52 YEARS, OCC: BUSINESS,
R/O: RAJESHWARI NAGAR 6TH CROSS,
BANAKAR BUILDING,
RANEBENNUR, DIST: HAVERI.
...PETITIONER
(BY SRI PRUTHVIRAJ P.HITTALAMANI, ADVOCATE)
AND:
SRI. RAVI S/O. NARAYANRAO KULKARNI,
AGE:49 YEARS, OCC: MANAGER,
GAYATRI FINANCE CORPORATION RANEBENNUR,
R/O: BEHIND OLD TALUK OFFICE,
NEAR GOTUR ANJANEYA TEMPLE,
RANEBENNUR, DIST: HAVERI.
...RESPONDENT
(BY SRI GIRISH A.YADAWAD, ADVOCATE)
CHANDRASHEKAR
LAXMAN THIS CRIMINAL REVISION PETITION IS FILED UNDER
KATTIMANI
SECTION 397 READ WITH 401 OF CR.P.C., PRAYING TO SET ASIDE
THE JUDGMENT DATED 26.08.2017 PASSED BY THE COURT OF THE
II ADDL. DISTRICT AND SESSIONS JUDGE, AT HAVERI (SITTING AT
HIGH RANEBENNUR) IN REJECTING THE APPEAL 22 OF 2011 FILED BY THE
COURT OF PETITIONER HEREIN AND CONFIRMING THE JUDGMENT OF
KARNATAKA
CONVICTION AND SENTENCE PASSED BY ADDL. CIVIL JUDGE AND II
ADDL. JMFC RANEBENNUR IN C.C.NO.192/2005 AND TO SET ASIDE
THE JUDGMENT AND SENTENCE DATED 30.04.2011 PASSED BY THE
ADDL. CIVIL JUDGE AND II ADDL. JMFC, RANEBENNUR IN
C.C.NO.192/2005 AND CONSEQUENTLY ACQUIT THE PETITIONER
HEREIN FOR THE OFFENCES WITH WHICH HE HAS BEEN CHARGED,
IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:8876
CRL.RP No. 100273 of 2017
ORDER
The learned counsel for the respective parties are
present. The complainant and the accused are also present.
They filed joint memo stating that the matter has been settled
between the parties. The contents of the said joint memo which
reads thus:
"The petitioner and the respondent in the present
matter have amicably settled the matter, the petitioner
and respondent have jointly agreed that, the petitioner is
required to pay Rs.40,000/- to the respondent as full and
final settlement. The petitioner has deposited the entire
cheque amount before the trial court and the respondent
is at liberty to withdraw the entire cheque amount of
Rs.33,430/- deposited before the trial court and the
remaining balance of Rs.6,600/- is paid in cash today to
the respondent and the respondent acknowledges the
receipt of the same. In view of the same the entire
agreed amount of Rs.40,000/- is received by the
respondent. As such the respondent admits that there
shall be no further claim laid against the petitioner with
respect to present cheque amount and also the petitioner
admits that he shall not dispute for withdrawal of cheque
amount by the respondent."
2. On perusal of the said joint memo, there is no
embargo to this Court to record the compromise as the offence
NC: 2024:KHC-D:8876
is compoundable in nature. Therefore, I proceed to pass the
following:
ORDER
i. The petition is allowed in terms of the
compromise.
ii. The judgment and order dated 26.08.2017
passed by the II Addl.District and Sessions
Judge, Haveri sitting at Ranebennur in Criminal
Appeal No.22/2011 confirming the judgment and
order dated 30.04.2011 passed by the Addl. Civil
Judge and II Addl. J.M.F.C., Ranebennur in
C.C.No.192/2005 are hereby set aside.
iii. The petitioner is acquitted for the offence under
Section 138 of the Negotiable Instruments Act.
iv. Bail bonds executed, if any, stands cancelled.
v. The Trial Court is directed to release the amount
in favour of the complainant after production of
this order.
Sd/-
JUDGE
CLK_CT:ANB
