Karnataka High Court
Dashawant vs Kashinath on 6 November, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-K:8117
CRL.RP No. 200120 of 2024
C/W CRL.P No. 201257 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL REVISION PETITION NO.200120 OF 2024
(397(Cr.PC)/438(BNSS)
C/W
CRIMINAL PETITION NO.201257 OF 2024
IN CRIMINAL REVISION PETITION NO.200120/2024
BETWEEN:
DASHAWANT S/O DAWALAPPA ONI
AGE: 66 YEARS, OCC: RETD. EMPLOYEE,
R/AT: BEHIND DSP OFFICE, HONAGUNTA ROAD,
RAMA MOHALLA, SHAHABAD - 585228.
...PETITIONER
Digitally signed
by KHAJAAMEEN (BY SRI. B.C. JAKA, ADV. FOR
L MALAGHAN
Location: HIGH SMT. PREETI PATIL MELKUNDI, ADV.)
COURT OF
KARNATAKA AND:
KASHINATH S/O MAHADEV BHASME
AGE: 45 YEARS, OCC: PRIVATE WORK,
R/AT: OLD SHAHABAD, TQ: SHAHABAD
DIST: KALABURAGI - 585228.
...RESPONDENT
(BY SRI. ANANTH S. JAHAGIRDAR, ADV.)
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CRL.RP No. 200120 of 2024
C/W CRL.P No. 201257 of 2024
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 READ WITH SECTOIN 442 OF BHARATIYA
NAGARIK SURAKSHA SANHITA-2023, PRAYING TO A) CALL FOR
THE RECORDS IN C.C.NO.29327/2021, ON THE FILE OF PRL.
CIVIL JUDGE AND JMFC, AT KALABURAGI AND
CRL.A.NO.44/2023, ON THE FILE OF II ADDL. DIST. AND
SESSIONS JUDGE, AT KALABURAGI, TO SATISFY THE
CORRECTNESS. B) SET ASIDE THE JUDGMENT OF CONVICTION
AND ORDER OF SENTENCE DATED 21.04.2023, IN
C.C.NO.29327/2021, PASSED BY THE PRL. CIVIL JUDGE AND
JMFC, AT KALABURAGI AND JUDGMENT AND ORDER DATED
01.04.2024, IN CRL.A.NO.44/2023 PASSED BY II ADDL. DIST.
AND SESSIONS JUDGE AT KALABURAGI, BY ALLOWING THIS
CRIMINAL REVISION PETITON AND C) CONSEQUENTLY,
ACQUIT THE PETITONER FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT AND
ETC.,
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NC: 2024:KHC-K:8117
CRL.RP No. 200120 of 2024
C/W CRL.P No. 201257 of 2024
CRIMINAL PETITION NO.201257/2024
BETWEEN:
DASHAWANT S/O DAWALAPPA ONI
AGE: 66 YEARS, OCC: RETD EMPLOYEE,
R/AT: BEHIND DSP OFFICE, HONAGUNTA ROAD,
RAMA MOHALLA, SHAHABAD - 585228.
...PETITIONER
(BY SRI. B.C. JAKA, ADV. FOR
SMT. PREETI PATIL MELKUNDI, ADV.)
AND:
KASHINATH S/O MAHADEV BHASME
AGE: 45 YEARS, OCC: PRIVATE WORK,
R/AT: OLD SHAHABAD, TQ: SHAHABAD
DIST: KALABURAGI - 585228.
...RESPONDENT
(BY SRI. ANANTH S. JAHAGIRDAR, ADV.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528
OF BHARATIYA NAGARIK SURAKSHA SANHITA-2023, PRAYING
TO A) CALL FOR THE RECORDS IN C.C.NO.29327/2021, ON
THE FILE OF PRL. CIVIL JUDGE AND JMFC, AT KALABURAGI
AND CRL.R.P.NO.77/2023, ON THE FILE OF II ADDL. DIST.
AND SESSIONS JUDGE, AT KALABURAGI, TO SATISFY THE
CORRECTNESS, B) SET ASIDE THE JUDGMENT AND MODIFIED
ORDER DATED 01.04.2024, IN CRL.R.P.NO.77/2023 PASSED
BY THE II ADDL. DIST. AND SESSIONS JUDGE AT
KALABURAGI, BY ALLOWING THIS CRIMINAL PETITION.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.RP No. 200120 of 2024
C/W CRL.P No. 201257 of 2024
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Both these petitions are preferred by the accused
against the common judgment passed by the Court of II
Additional District and Sessions Judge, Kalaburagi dated
01.04.2024 in Criminal Appeal No.44/2023 and Criminal
Revision Petition No.77/2023.
02. Heard the learned counsel on both sides and
perused the materials on record.
03. Brief facts of the case are that, in respect of
dishonor of a cheque bearing No.138762 dated
21.01.2019, drawn on Corporation Bank, Vidya Nagar
Branch, Kalaburagi for a sum of Rs.3,00,000/-, issued by
the accused, a complaint was filed by the respondent
herein.
04. Learned Magistrate vide judgment dated
21.04.2023 passed in C.C.No.29327/2021 convicted the
accused for offence punishable under Section 138 of N.I.
Act and sentenced him to pay a fine of Rs.3,20,000/-, in
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default, to undergo simple imprisonment for a term of 06
months. Out of the fine amount, a sum of Rs.3,10,000/-
was ordered to be paid as compensation to the
complainant and the remaining amount of Rs.10,000/-
was defrayed to the State for the expenses incurred in the
prosecution.
05. Accused challenged his conviction and sentence
by way of appeal before the Sessions Court in Criminal
Appeal No.44/2023 and complainant preferred Criminal
Revision Petition No.77/2023 seeking enhancement of
sentence imposed against the accused.
06. Learned Sessions Judge vide common judgment
dated 01.04.2024 was pleased to dismiss the appeal
preferred by accused and allowed the criminal revision
petition preferred by the complainant.
07. Accused was sentenced to pay a fine of
Rs.6,00,000/- and in default, to undergo simple
imprisonment for 06 months. Out of fine amount, a sum of
Rs.5,90,000/- was ordered to be paid to the complainant
as compensation.
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08. Accused as well as complainant are present
before the Court along with their respective learned
counsels.
09. It is stated that the parties have arrived at a
settlement and accused has agreed to pay a total sum of
Rs.4,75,000/- to the complainant towards full and final
settlement and the complainant has agreed to receive the
same.
10. It is submitted that a sum of Rs.1,60,000/- is
already deposited by the accused before Trial Court and he
has no objection if the complainant withdraws a sum of
Rs.1,50,000/- from the said amount. The balance amount
of Rs.3,25,000/- has been agreed to be paid by accused to
the complainant by way of installments, within a period of
02 months from today.
11. It is agreed by accused that he will deposit a
sum of Rs.50,000/- before the Trial Court on or before
15.11.2024 and balance amount within 02 months from
today as agreed.
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12. The Trial Court shall permit the complainant on
due identification, to withdraw the amount of
Rs.1,50,000/- already in deposit and another sum of
Rs.50,000/- which shall be deposited by the accused.
13. The balance amount of Rs.2,75,000/- shall be
deposited by the accused within the agreed period.
14. A sum of Rs.10,000/- which is in deposit before
the Trial Court shall be defrayed to the State towards the
expenses incurred, as ordered by the Trial Court.
15. In terms of the above settlement and the order
passed herein, both the petitions are disposed of.
16. In view of disposal of the main petitions,
pending I.A.No.1/2024 in Criminal Petition
No.201257/2024, does not survive for consideration,
hence, the same is disposed of.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
KJJ
CT: PS
