Karnataka High Court
Hanumayya vs Bheemanna on 25 November, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-K:8842
CRL.RP No. 200030 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL REVISION PETITION NO.200030 OF 2024
(397(Cr.PC)/438(BNSS))
BETWEEN:
HANUMAYYA S/O AMARAPPA,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O K. IRABAGERA VILLAGE,
TQ. DEVADURGA, DIST. RAICHUR-584101.
...PETITIONER
(BY SRI. GANESH NAIK, ADVOCATE)
AND:
BHEEMANNA S/O HANUMANTHA,
AGE: 31 YEARS, OCC: AGRICULTURE,
Digitally signed by R/O AKALAKUMPI VILLAGE,
KHAJAAMEEN L
MALAGHAN TQ. DEVADURGA, DIST. RAICHUR-584101.
Location: High
Court Of
Karnataka ...RESPONDENT
(BY SRI. RAVI K. ANOOR, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 397
READ WITH SEC 401 OF CR.P.C., PRAYING TO CALL FOR AND
EXAMINE THE RECORDS IN C.C. NO. 1956/2021 AND SET
ASIDE THE JUDGMENT PASSED BY THE COURT OF JUDICIAL
MAGISTRATE FIRST CLASS, DEVADURGA BY ITS JUDGMENT
ORDER DATED 18.01.2023 AND FURTHER THE SAME BEING
CONFIRMED BY THE COURT II ADDL. DISTRICT AND SESSION
JUDGE RAICHUR IN CRL. APPEAL NO. 10/2023 ORDER DATED
03.01.2024 IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC-K:8842
CRL.RP No. 200030 of 2024
THIS PETITION, COMING ON FOR REPORT TO
SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Concurrent findings recorded by the Courts below
convicting and sentencing the petitioner/accused for an
offence punishable under Section 138 of N.I. Act, 1881, is
called in question in this revision petition.
2. Cheque amount is Rs.5,00,000/-. The trial
Court has sentenced the accused to undergo S.I. for a
period of 1 year and imposed a fine of Rs.5,05,000/-, out
of which a sum of Rs.5,00,000/- was ordered to be paid as
compensation to the respondent/complainant and
remaining Rs.5,000/- was ordered to be remitted to the
Government.
3. An application under Section 147 of N.I. Act has
been filed by both the learned counsel, along with the
affidavits of the petitioner as well as respondent. It is
NC: 2024:KHC-K:8842
stated that the parties have entered into an amicable
settlement and the petitioner has agreed to pay a sum of
Rs.3,00,000/- to respondent towards full and final
settlement.
4. The respondent/complainant who is present
before the Court submits that the matter has been settled
and he has no objection to quash the proceedings.
5. It is submitted that the parties are closely
related to each other. The petitioner is an agriculturist. It
is submitted, he had no intention to avoid payment to the
respondent, on the other hand, he himself has come
forward to settle the dispute.
6. In view of the settlement between the parties,
application filed under Section 147 of N.I. Act is allowed.
Consequently, petition is allowed.
The order dated 18.01.2023 passed in
C.C.No.1956/2021 on the file of the Court of Judicial
Magistrate First Class, Devadurga, confirmed by the Court
NC: 2024:KHC-K:8842
of II Additional District and Sessions Judge, Raichur in
Crl.A No.10/2023 dated 03.01.2024 are hereby set aside.
The petitioner is acquitted of the offence punishable
under Section 138 of N.I. Act.
The petitioner/accused shall deposit a sum of
Rs.20,000/- (Rupees Twenty Thousand only) by way of
cost, with the District Legal Services Authority, Raichur
District and the acknowledgement for having deposited the
said sum shall be filed in the Registry of this Court on or
before 13.12.2024.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
CT:SI
