Karnataka High Court
Jayaramegowda vs K. S. Sadananda on 6 November, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:44789
CRL.RP No. 1149 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.1149 OF 2018
BETWEEN:
1. JAYARAMEGOWDA
S/O LATE MARISIDDE GOWDA
AGED ABOUT 55 YEARS
R/O THANGALAGERE VILLAGE
HALLEGERE POST
BASARALU HOBLI
MANDYA DISTRICT-571 446
...PETITIONER
(BY SRI K.M.SANATH KUMARA, ADVOCATE)
AND:
1. K. S. SADANANDA
S/O SHIVALINGEGOWDA
AGED ABOUT 30 YEARS
R/O KERAGODU VILLAGE AND HOBLI
MANDYA DISTRICT-571 446
...RESPONDENT
Digitally (BY SRI L.RAJA, ADVOCATE)
signed by
MALATESH THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
KC CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED
Location: 28.08.2018, PASSED IN CRIMINAL APPEAL NO.3/2017, PASSED
HIGH IN II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
COURT OF MANDYA AND JUDGMENT DATED 07.12.2016 PASSED IN
KARNATAKA
C.C.NO.117/2013, PASSED IN I ADDITIONAL SENIOR CIVIL
JUDGE AND CJM, MANDYA.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
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NC: 2024:KHC:44789
CRL.RP No. 1149 of 2018
ORAL ORDER
Joint Memo is filed which reads as under:
"Petitioner submit that the Respondent has filed the
Complaint against the petitioner Under Section 138 of the
N.I Act in C.C.No.117/2013 on the file of I Addl. Senior
Civil Judge and CJM at Mandya, by alleging that the
Petitioner has taken hand loan of Rs.3,00,000/- and to
discharge the same, has issued the cheque in question
and same has been dishonored for insufficient funds. The
trial court has convicted the petitioner for the said offence
and sentenced to fine of Rs.5,20,000/- and also
sentenced to 6 months SI by its judgment and order
dated: 07.12.2016.
The Petitioner being Aggrieved by the same has
preferred the Appeal in Crl.A.No.3/2017 on the file of the
II Addl. District and Sessions Judge at Mandya. The
Appellate court has dismissed the Appeal by its judgment
and order dated: 28.08.2018 and confirmed the judgment
and order passed by the trial court.
The Petitioner being aggrieved by the same, the
petitioner has preferred the above Revision Petition. In
the above Revision Petition, the Petitioner and the
Respondent have settled the above matter for sum of
Rs.3,20,000/-. Further, the Petitioner has already
deposited a sum of Rs.2,60,000/- before the trial court
and the Respondent is at liberty to withdraw the said
amount and Now, today, the Petitioner is paying a sum of
Rs.60,000/- to the Respondent before this Hon'ble Court.
Hence, the said settlement may be accepted and acquit
NC: 2024:KHC:44789
the Petitioner from the offence alleged U/section 138 of N
I Act, in the interest of justice."
2. Parties are present. Placing the joint memo on record,
revision petition stands disposed of.
3. Rs.60,000/- is tendered by the accused to the
complainant. The amount in deposit is ordered to be
withdrawn by the complainant under due identification.
4. In view of the settlement, sentence of imprisonment
ordered by the learned Trial Judge confirmed by the learned
Judge in the First Appellate Court is hereby set-aside.
Sd/-
(V SRISHANANDA)
JUDGE
kcm
