Karnataka High Court
Sadashiva S/O. Narasingh Pola vs Shrimantha S/O. Nivrutti Bhosle @ ... on 5 November, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC-D:16161
CRL.RP No. 100263 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
CRIMINAL REVISION PETITION NO. 100263 OF 2021
(397(Cr.PC)/438(BNSS)-)
BETWEEN:
SADASHIVA S/O. NARASINGA POLA,
AGE: 60 YEARS, OCC: COOLIE,
R/O. KHABADI, TQ: SAVADATTI,
DIST: BELAGAVI-590001.
...PETITIONER
(BY SRI. P.N. HOSAMANE, ADVOCATE)
AND:
SHRIMANTHA S/O. NIVRUTTI BHOSLE @ BHOSALE,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O. MUDHOL, TQ: MUDHOL,
DIST: BAGALKOTE-587201.
...RESPONDENT
(BY SRI. D.M. MALLI, ADVOCATE)
MALLIKARJUN
RUDRAYYA
KALMATH
THIS CRIMINAL REVISION PETITION IS FILED UNDER
Location: HIGH
COURT OF SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
KARNATAKA
DHARWAD RECORDS AND SET-ASIDE THE JUDGMENT AND ORDER OF
BENCH
CONVICTION AND SENTENCE PASSED BY I ADDL. DISTRICT AND
SESSIONS JUDGE BAGALKOT TO SIT AT JAMAKHANDI IN CRIMINAL
APPEAL NO.27/2019 DATED 09.07.2021 AND THE JUDGMENT AND
ORDER OF CONVICTION PASSED BY COURT OF PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC MUDHOL IN CC NO.543/2017 DATED
13.06.2019 FOR THE OFFENCE U/S 138 OF NEGOTIABLE
INSTRUMENTS ACT AND ACQUIT THE PETITIONER FOR THE ALLEGED
OFFENCE.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.RP No. 100263 of 2021
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
This petition is filed by the petitioner/accused
challenging the Judgment of conviction and order of
sentence dated 13.06.2019 passed in Criminal Case
No.543/2017 by the Principal Senior Civil Judge and JMFC,
Mudhol convicting the petitioner/accused for the offense
punishable under Section 138 of Negotiable Instruments
Act, 1881 (for short, 'the N.I. Act') and sentenced to
undergo simple imprisonment for one year and also to pay
fine amount of Rs.2,40,000. In default of payment of fine,
the accused was ordered to undergo further simple
imprisonment for one year. Out of the fine amount,
Rs.2,30,000/- was ordered to be paid to the complainant
as compensation and remaining amount of Rs.10,000/- to
be credited to the State towards litigation expenses.
2. On challenge made before the appellate Court by
the petitioner/accused in Criminal Appeal No.27/2019, the
same came to be dismissed affirming the Judgment
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passed by the trial Court on 09.07.2021 by 1st Additional
District and Sessions Judge, Bagalkot sitting at Jamkhandi.
3. During pendency of this petition, the
petitioner/accused and the respondent/complainant filed
an application under Section 147 of the N.I. Act to
compound the offence. Both the petitioner and respondent
have agreed to settle the matter towards full and final
settlement towards dishonor of the cheque for
Rs.2,05,000/- which is agreeable by the respondent.
4. Petitioner and respondent are present before the
Court physically. They are inquired by the Court with
regard to the application filed to compound the offence.
They have voluntarily signed and filed the present
application to compound the offence without there being
any force, coercion or undue influence by anyone
whomsoever. The petitioner has deposited Rs.1,15,000/-
before the trial Court and today he has handed over cash
of Rs.90,000/- to the respondent. Petitioner does not have
any objection in respondent withdrawing the amount
deposited before the trial Court. Respondent acknowledges
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the receipt of Rs.90,000/- paid by cash today and he is
willing to withdraw the amount deposited before the trial
Court. Respondent does not have any objection for the
petitioner being acquitted for the charges punishable
under Section 138 of the N.I. Act and the Judgments
rendered by the Courts below being set aside.
5. Learned counsels for both parties have identified
the petitioner and respondent respectively. In view of
parties having settled the matter amicably and having filed
application under Section 147 of the N.I. Act. The offence
can be compounded. Accordingly, I pass the following:
ORDER
(i) The Judgment of conviction and order of
sentence dated 13.06.2019 passed by the
Principal Senior Civil Judge and JMFC,
Mudhol in Criminal Case No.543/2017
convicting the petitioner for the offence
under Section 138 of the N.I. act and
affirmed in Criminal Appeal No.27/2019 by
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the Judgment and order dated 09.07.2021
by the I Additional District and Sessions
Judge, Bagalkot sitting at Jamakhandi is
hereby set aside.
(ii) Petitioner/accused is acquitted of the offense
punishable under Section 138 of the N.I. Act.
(iii) The bail bond and surety bond executed by
the petitioner stands cancelled.
(iv) Respondent/complainant acknowledges The
receipt of Rs.90,000/- paid today by way of
cash.
(v) Respondent is permitted to withdraw the
amount of Rs.1,15,000/- deposited by the
petitioner before the trial Court.
(vi) The trial Court shall release and disburse the
amount in deposit i.e., Rs.1,15,000/- in
favour of respondent/complainant by way of
electronic transfer upon respondent
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furnishing bank details after proper
identification.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CKK
CT-MCK
