Karnataka High Court
Sri. Gadigappa vs Sri. Udaykumar on 7 March, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:11015
CRL.RP No. 565 of 2015
C/W CRL.RP No. 1168 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL REVISION PETITION NO. 565 OF 2015
C/W
CRIMINAL REVISION PETITION NO. 1168 OF 2016
IN CRL.R.P.No.565/2015
BETWEEN:
SRI. GADIGAPPA,
S/O THOPANNA,
AGED ABOUT 49 YEARS,
TEACHER,
R/AT VEERABHADRESHWARA
NILAYA, DOUBLE ROAD,
4TH CROSS, VINOBANAGAR,
SHIMOGA - 577 203.
...PETITIONER
Digitally signed by
R HEMALATHA (BY SRI.G.LAKSHMEESH RAO, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
SRI. JAGADEESHA,
S/O YELLAPPA,
AGED ABOUT 51 YEARS,
R/AT 6TH CROSS, 1ST TURN,
BASAVESHWARA NILAYA,
HOSAMANE EXTENSION,
SHIMOGA CITY - 577 201.
...RESPONDENT
(BY SRI.B.S.PRASAD, ADVOCATE)
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CRL.RP No. 565 of 2015
C/W CRL.RP No. 1168 of 2016
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C.,
PRAYING TO SET ASIDE THE ORDER DATED 12.3.2015
PASSED BY THE P.O., F.T.C., SHIVAMOGGA IN
CRL.A.NO.71/2013 IN CONFIRMING THE JUDGMENT DATED
14.3.2013 PASSED BY THE J.M.F.C.-II COURT, SHIVAMOGGA
IN C.C.NO.151/2011 AND ALLOW THIS R.P.
IN CRL.R.P.No.1168/2016
BETWEEN:
SRI. GADIGAPPA,
S/O THOPANNA,
AGED ABOUT 50 YEARS,
ASSISTANT MASTER,
R/AT VEERABHADRESHWARA
NILAYA, DOUBLE ROAD,
4TH CROSS, VINOBANAGAR,
SHIVAMOGGA - 577 203.
...PETITIONER
(BY SRI.G.LAKSHMEESH RAO, ADVOCATE)
AND:
SRI. UDAYKUMAR,
S/O LATE BOREGOUDA,
AGED ABOUT 45 YEARS,
SORABA TALUK,
R/AT 3RD CROSS, SHESHADRIPURAM,
SHIVAMOGGA - 577 201.
...RESPONDENT
(BY SRI.B.S.PRASAD, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C.,
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
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CRL.RP No. 565 of 2015
C/W CRL.RP No. 1168 of 2016
05.07.2016 PASSED BY THE III ADDL. S.J., SHIVAMOGGA IN
CRL.A.NO.89/2014 AND THE JUDGMENT AND ORDER OF
SENTENCE DATED 02.06.2014 PASSED BY THE J.M.F.C.-II
COURT, SHIVAMOGGA IN C.C.NO.302/2012 AND DISMISS THE
COMPLAINT BY ALLOWING THE ABOVE CRL.RP.
THESE PETITIONS, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is convicted for the offence under Section 138
of the Negotiable Instruments Act and sentenced to pay
compensation of Rs.3,00,000/-.The judgment of conviction passed
by the Trial Court was confirmed by the Appellate Court and same
is impugned in this petition.
2. The parties are present before this Court and they
have filed an application under Section 147 of the Negotiable
Instruments Act, 1881 read with Section 482 of Cr.P.C.stating that
they have amicably resolved the dispute among themselves and in
terms of the settlement, the respondent/complainant has agreed to
receive a sum of Rs.3,00,000/- in full and final settlement of the
claim.
3. The application is placed on record, The
respondent/complainant who is present before the Court,
acknowledges the receipt of Rs.3,00,000/- in full and final
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settlement of his claim, by way of demand draft, subject to
realization.
4. In view of the settlement arrived between the parties,
the impugned judgment of conviction requires to be set aside.
Accordingly, I pass the following:
ORDER
i. Criminal Revision Petition is allowed.
ii. The judgment of conviction and order of
sentence in C.C.No.151/2011 on the file of Judical
Magistrate-II, Shivamogga and Crl.A.No.71/2013 on the
file of Principal District and Sessions Judge,
Shivamogga is set aside.
iii. The petitioner/accused is acquitted of the
offence punishable under Section 138 of the Negotiable
Instruments Act.
The petitioner is convicted for the offence under Section 138
of the Negotiable Instruments Act and sentenced to pay
compensation of Rs.1,85,000/-.The judgment of conviction passed
by the Trial Court was confirmed by the Appellate Court and same
is impugned in this petition.
2. The parties are present before this Court and they
have filed an application under Section 147 of the Negotiable
Instruments Act, 1881 read with Section 482 of Cr.P.C. stating that
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they have amicably resolved the dispute among themselves and in
terms of the settlement, the respondent/complainant has agreed to
receive a sum of Rs.1,00,000/- in full and final settlement of the
claim.
3. The application is placed on record, The
respondent/complainant who is present before the Court,
acknowledges the receipt of Rs.1,00,000/- in full and final
settlement of his claim, by way of demand draft, subject to
realization.
4. In view of the settlement arrived between the parties,
the impugned judgment of conviction requires to be set aside.
Accordingly, I pass the following:
ORDER
i. Criminal Revision Petition is allowed.
ii. The judgment of conviction and order of
sentence in C.C.No.302/2012 on the file of Judical
Magistrate-II, Shivamogga and Crl.A.No.891/2014 on
the file of III Additional Sessions Judge, Shivamogga is
set aside.
iii. The petitioner/accused is acquitted of the
offence punishable under Section 138 of the Negotiable
Instruments Act.
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Iv. Respondent/complainant is at liberty to
withdraw the amount of Rs.85,000/- deposited by the
petitioner before the Trial Court.
Sd/-
JUDGE
RKA
