Karnataka High Court
Chandrashekhar Shivappa Managuli vs Irappa Hanamappa Awaradi on 30 May, 2024
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NC: 2024:KHC-D:7219
CRL.RP No. 100053 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL REVISION PETITION NO. 100053 OF 2018 (397)
BETWEEN:
CHANDRASHEKHAR SHIVAPPA MANAGULI,
AGE: MAJOR, OCC: BUSINESS,
R/O: WARD NO.1, MUDHOL,
DIST: BAGALKOT.
...PETITIONER
(BY SMT.CHITRA GOUDALKAR, ADVOCATE FOR
SRI S.B.HEBBALLI, ADVOCATE)
AND:
IRAPPA HANAMAPPA AWARADI,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: WARD NO.V, MUDHOL,
DIST: BAGALKOT.
CHANDRASHEKAR
LAXMAN
...RESPONDENT
KATTIMANI (BY SRI GIRISH A. YADAWAD, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
HIGH SECTION 397 READ WITH 401 OF CR.P.C., PRAYING TO SET ASIDE
COURT OF THE JUDGMENT OF CONVICTION FOR OFFENCE U/S.138 OF N.I.ACT
KARNATAKA DATED 06.01.2007 PASSED IN C.C.NO.384/2005 ON THE FILE OF
THE ADDL. JMFC, MUDHOL, WHICH IS CONFIRMED BY THE LEARNED
I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING AT
JAMAKHANDI IN CRL.A.NO.8/2007 DATED 19.02.2018 AND ACQUIT
THE PETITIONER/ACCUSED BY SETTING ASIDE THE ABOVE SAID
JUDGMENTS.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:7219
CRL.RP No. 100053 of 2018
ORDER
The learned counsel for the respective parties filed
application under Section 320 of Cr.P.C. and submitted that
the matter has been settled amicably between the parties,
considering the averments of the application and the
affidavit, the matter may be disposed of in terms of the
settlement.
2. The learned counsel for the respective parties
present. The complainant and the accused are also present.
3. Today, the accused had paid a sum of
Rs.3,00,000/- to the complainant. The complainant accepted
the same and acknowledged the amount having received.
Both the parties have filed application along with affidavit.
Paragraph-3 of the said application reads thus:
"3. It is submitted that the respondent has
agreed to receive an amount of Rs.6,00,000/- towards
full and final settlement in respect of the complaint filed
by him. Out of the said amount of Rs.6,00,000/-, an
amount of Rs.3,00,000/- is deposited by the petitioner
on 02.12.2023 under receipt No.96599 before the trial
court in (C.C.No.384/2005 on the file of the Addl.JMFC,
Mudhol) in pursuance of the order dated 20.11.2023
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passed by this Hon'ble High Court in the top noted
petition. It is agreed by the parties that the said amount
of Rs.3,00,000/- shall be withdrawn by the respondent.
It is submitted that the remaining amount of
Rs.3,00,000/- (rupees three lakhs only) has been paid
today by the petitioner to the respondent (i.e. on
30.05.2024) by way of cash. The respondent hereby
acknowledges receipt of the said amount."
4. After having perused the said application and
averments, there is no embargo to this Court to record the
compromise as the alleged offence is compoundable in
nature. It is needless to say that encouraging the parties for
settlement in a summary proceedings needs to be
implemented as a part of reconciliation process. Accordingly,
I proceed to pass the following:
ORDER
The petition is disposed of in terms of the
compromise.
The judgment and order dated 19.02.2018
passed by the I Addl.District and Sessions Judge,
Bagalkot to sit at Jamkhandik at Jamkhandi in
Criminal Appeal No.8/2007 confirming the
judgment and order dated 06.01.2007 passed by
the Addl.JMFC, Mudhol in C.C.No.384/2005 are
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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.
The Trial Court is directed to release the
amount in favour of the complainant after
production of this order.
Sd/-
JUDGE
CLK
CT:ANB
