Karnataka High Court
Sri Gangadharaiah vs Sri Siddappa on 7 March, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:9563
CRL.RP No. 177 of 2017
C/W CRL.RP No. 176 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.177 OF 2017
C/W
CRIMINAL REVISION PETITION NO.176 OF 2017
IN CRL.R.P.NO.177/2017
BETWEEN:
SRI GANGADHARAIAH
S/O THIMMAIAH @ THAMMANNA,
AGED ABOUT 54 YEARS,
R/AT BORALINGANAPALYA VILLAGE,
KASABA HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT - 572 130
...PETITIONER
(BY SRI VINOD S, ADVOCATE)
AND:
Digitally signed
by SHARANYA T SRI SIDDAPPA
Location: HIGH S/O LATE SANNAPPA,
COURT OF
KARNATAKA AGED ABOUT 66 YEARS,
R/AT BEHIND SHREYAS LODGE
1ST FLOOR, KUVEMPUNAGAR
KUNIGAL TOWN, TUMKUR DISTRICT-572130
...RESPONDENT
(BY SRI J I KITTUR, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT OF CONVICTION AND
SENTENCE DATED 20.04.2015 PASSED IN C.C.NO.641/2013 BY
THE PRL. CIVIL JUDGE AND JMFC, KUNIGAL WHICH IS
CONFIRMED BY THE II ADDL. DIST. AND S.J., TUMKURU IN
CRL.A.NO.25/2015 ON 22.11.2016 AND ETC.
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NC: 2024:KHC:9563
CRL.RP No. 177 of 2017
C/W CRL.RP No. 176 of 2017
IN CRL.R.P.NO.176/2017
BETWEEN:
SMT. B S MANJULA DEVI
W/O GANGADHARAIAH
AGED ABOUT 47 YEARS,
R/AT BORALINGANAPALYA VILLAGE,
KASABA HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT - 572 130
...PETITIONER
(BY SRI VINOD S, ADVOCATE)
AND:
SRI SIDDAPPA
S/O LATE SANNAPPA,
AGED ABOUT 66 YEARS,
R/AT BEHIND SHREYAS LODGE
1ST FLOOR, KUVEMPUNAGAR
KUNIGAL TOWN, TUMKUR DISTRICT-572130
...RESPONDENT
(BY SRI J I KITTUR, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT OF CONVICTION AND
SENTENCE DATED 20.04.2015 PASSED IN C.C.NO.775/2013 BY
THE PRL. CIVIL JUDGE AND JMFC, KUNIGAL WHICH IS
CONFIRMED BY THE II ADDL. DIST. AND S.J., TUMKURU IN
CRL.A.NO.26/2015 ON 22.11.2016 AND ETC.
THESE PETITIONS, COMING ON FOR SETTLEMENT THIS
DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
The respective revision petitioners have filed
separate applications under Section 147 of N.I. Act praying
this Court to compound the offence by depositing the
compensation amount and the respective petitioners have
NC: 2024:KHC:9563
paid the entire amount and the common respondent in
both the cases has fully satisfied with the same and has
agreed to compounding of the offence.
2. The learned counsel appearing for the
respective revision petitioners and the petitioners as well
as the learned counsel appearing for the respondent and
the respondent have affixed their signatures their
respective applications. On verification also, the
complainant/respondent says that he has already received
the amount except the amount in deposit. In view of the
receipt of the amount, the respondent may be permitted
to withdraw the amount which is in deposit. The
petitioners also say no objection to release the amount in
favour of the respondent.
3. It is noticed by this Court that when the Trial
Court passed the judgments, imposed fine of Rs.10,000/-
in each case payable to the State and the counsel for the
petitioners submits that if fine amount of Rs.10,000/- is
not deposited before the Trial Court, the petitioners are
NC: 2024:KHC:9563
going to deposit the same within a period of two weeks.
Thus, the petitioners are directed to produce the receipt
before this Court for having deposited the fine amount of
Rs.10,000/- in both the cases within two weeks.
4. Having considered the applications filed under
Section 147 of N.I.Act, the petitions are allowed in view of
the payment of compensation amount and compounded
the offence in both the cases. In view of the compounding
of the offence, the respective petitioners need not
undergo for simple imprisonment for 3 months as ordered.
Accordingly, the said revision petitions are disposed of.
Sd/-
JUDGE
SN
