Karnataka High Court
Bhushan S/O Vasant Bangodi vs Jayashankar Kalkundrikar ... on 21 October, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC-D:15046
CRL.RP No. 100225 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
CRIMINAL REVISION PETITION NO. 100225 OF 2024
(397(Cr.PC)/438(BNSS)-)
BETWEEN:
BHUSHAN S/O. VASANT BANGODI,
AGE: 41 YEARS, OCC: BUSINESS,
R/O. H.NO.467, TEGGIN GALLI,
M. VADAGAON, BELAGAVI-590005.
...PETITIONER
(BY SMT. CHETANA S. BIRAJ, ADVOCATE)
AND:
JAYASHANKAR KALKUNDRIKAR MULTI-PURPOSE
CO-OP. SOUHARD SAHAKARI LIMITED,
NATH PAI CIRCLE, SHAHAPUR, BELAGAVI-590001,
REPRESENTED BY ITS CLERK
SRI. VINAYAK GOPAL PATIL,
AGE: 33 YEARS, OCC: SERVICE,
R/O. PATIL GALLI, YALLUR, BELAGAVI-590005.
...RESPONDENT
MANJANNA
E (BY SRI. KRISHNA KUMAR JOSHI, ADVOCATE)
Digitally signed by
MANJANNA E
Location: HIGH
COURT OF
THIS CRIMINAL REVISION PETITION IS FILED UNDER
KARNATAKA
DHARWAD BENCH SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO QUASH
JUDGMENT AND ORDER IN CRL.A.NO.323/2023 PASSED BY XI ADDL.
SESSIONS JUDGE, BELAGAVI AND CONFIRMING THE JUDMENT OF
JMFC VIII BELAGAVI IN C.C.NO.1489/2017, CONSEQUENTLY
CONVICTING THE PETITIONER HEREIN FOR THE OFFENCE U/S 138
OF N.I. ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:15046
CRL.RP No. 100225 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
1. This petition is filed questioning the judgment
of conviction and order of sentence passed in CC
No.1489/2017 dated 03.11.2023 by the JMFC-VIII,
Belagavi at Belagavi, whereby the petitioner/accused came
to be convicted for the offence punishable under Section
138 of the Negotiable Instruments Act, and sentenced to
pay fine of Rs.1,48,000/- and in default to undergo simple
imprisonment for four months. Out of the fine amount, a
sum of Rs.1,46,000/- was ordered to be paid to the
complainant as compensation and Rs.2000/- to be paid to
the State towards its expenses. This order of conviction on
a challenge made before the Appellate Court in Crl.Appeal
No.323/2023 dated 06.03.2024 before the XI Addl.
Sessions Judge, Belagavi at Belagavi came to be affirmed
by the order of the trial Court. The petitioner is
questioning the legality, propriety and correctness of the
judgments rendered by both the Courts.
NC: 2024:KHC-D:15046
2. During the pendency of this petition, the
petitioner, and the respondent have filed a joint memo to
settle the matter amicably, amongst themselves. The joint
memo states that the parties i.e., the petitioner and the
respondent have amicably settled the dispute towards full
and final settlement of Rs.1,10,000/- towards dishonoured
cheque. Accordingly, they have affixed their signatures to
the joint memo which is counter signed by the respective
counsels after identifying the petitioner and the
respondent.
3. Joint memo filed by the petitioner and the
respondent shall be part and parcel of the judgment in
view of the parties having amicably settled the matter as
borne by records.
4. The petitioner has deposited Rs.29,600/- before
the trial Court and balance amount of Rs.80,400/- has
been deposited by way of RTGS to the respondent-Bank.
The same is accepted and acknowledged by the learned
counsel for the respondent, who is physically present
NC: 2024:KHC-D:15046
before the Court. Under the circumstances, nothing would
survive in this petition in view of the parties amicably
settling the matter by filing a joint memo to compound the
offence which is permissible under the Negotiable
Instruments Act. Accordingly, I pass the following:
ORDER
i. This petition is disposed of in view of the
joint memo filed by the petitioner and the
respondent to compound the offence which
is permissible under law.
ii. The judgment of conviction and order of
sentence passed by the JMFC-VIII, Belagavi
in C.C.No.1489/2017 dated 03.11.2023,
affirmed in Crl.Appeal No.323/2023 dated
06.03.2024 by XI Additional Sessions Judge,
Belagavi, is hereby set aside.
iii. The petitioner/accused is acquitted for the
offence punishable under Section 138 of the
Negotiable Instruments Act.
NC: 2024:KHC-D:15046
iv. The respondent acknowledges receipt of
Rs.80,400/- and the trial Court is directed to
release the amount of Rs.29,600/- deposited
before the trial Court in favour of the
respondent-complainant upon proper
identification.
v. In view of the offence being compounded,
the bail bond and surety stands cancelled.
vi. Ordered accordingly.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
KGK
CT-MCK
