Sri Muralidhar Shettigar vs Mr K Vijayakumar Shetty
2024 Latest Caselaw 6785 Kant

Karnataka High Court

Sri Muralidhar Shettigar vs Mr K Vijayakumar Shetty on 7 March, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                  -1-
                                                              NC: 2024:KHC:9636
                                                        CRL.RP No. 1200 of 2015




                         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. 1200 OF 2015
                      BETWEEN:

                      SRI. MURALIDHAR SHETTIGAR,
                      S/O. LATE VASU SHETTIGAR,
                      AGED ABOUT 41 YEARS,
                      R/A PRO YASASHWINI REAL ESTATE &
                      CONSTRUCTIONS,
                      SACHIDANANDA RESIDENCY,
                      KADIYALI, KUNJIBETTU,
                      UDUPI - 576 102.
                                                                  ...PETITIONER
                      (BY SMT. POOJA V., ADVOCATE)

                      AND:

                      MR. K. VIJAYAKUMAR SHETTY,
Digitally signed by
R HEMALATHA           AGED ABOUT 66 YEARS,
Location: HIGH
COURT OF              S/O.K. UGGAPPA SHETTY,
KARNATAKA
                      R/AT SURATHKAL,
                      MANGALURU - 575 003.
                                                                ...RESPONDENT
                      (BY SRI. HITESH GOWDA B.J., ADVOCATE FOR
                          SRI. DIWAKARA K., ADVOCATE)

                             THIS CRL.RP IS FILED U/S.397 OF CR.P.C. PRAYING TO
                      SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION
                      DATED 18.09.2014 MADE IN C.C.NO.4504/2012 BY THE COURT
                                    -2-
                                                    NC: 2024:KHC:9636
                                            CRL.RP No. 1200 of 2015




OF JMFC-IV, MANGALURU AND THE JUDGMENT AND ORDER
DATED 03.10.2015 MADE IN CRL.A.NO.236/2014 BY THE IV
ADDL. DIST. AND S.J., D.K., MANGALURU AND ACQUIT THE
PETITIONER.

        THIS PETITION, COMING ON FOR 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.5,06,000/-.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 joint memo 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.5,06,000/- 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.3,50,000/- by way of demand draft, subject to realization and the balance amount of Rs.3,000/- through cash.

NC: 2024:KHC:9636

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 and order in C.C.No.4504/2012 on the file of Judical Magistrate (IV Court), Mangalore and Crl.A.No.236/2014 on the file of IV Addl. District and Sessions Judge, D.K., Mangalore, is set aside.

iii. The petitioner/accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.

iv. The respondent-complainant is permitted to withdraw the amount of Rs.1,53,000/- deposited by the petitioner before the Trial Court, in light of the order dated 18.11.2014.

Sd/-

JUDGE

RKA