Karnataka High Court
Sanjaya Lamani Chavhan @ Lamani vs Mahesh on 29 October, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-K:7985
CRL.RP No. 200151 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL REVISION PETITION NO.200151 OF 2024
(397(Cr.PC)/438(BNSS))
BETWEEN:
SANJAYA LAMANI CHAVHAN @ LAMANI,
(AS PER JUDGMENT)
(CORRECT NAME SANJAY S/O GEMU JADHAV)
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O JALIHAL L. T.,
TQ. BASAVANA BAGEWADI,
DIST. VIJAYAPURA-586128
...PETITIONER
(BY SRI. MAHANTESH PATIL, ADVOCATE)
AND:
Digitally signed
by SWETA
KULKARNI MAHESH S/O LAKSHMAN BASTAL,
Location: High AGE: 30 YEARS, OCC: AGRICULTURE,
Court Of
Karnataka R/O BASAVAN-BAGEWADI,
TQ. B.BAGEWADI, DIST.VIJAYAPURA-586128
...RESPONDENT
(BY SRI. SIDDALING REDDY PATIL, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 (1) OF CR.P.C (OLD), UNDER SECTION 438 READ
WITH 442 OF BNSS (NEW), PRAYING TO IN VIEW OF THE
SETTLEMENT, THE HON'BLE COURTS MAY BE PLEASED TO
ADMIT THIS REVISION, CALL FOR THE RECORDS FROM THE
COURTS BELOW AND SET ASIDE THE JUDGMENT AND ORDER
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NC: 2024:KHC-K:7985
CRL.RP No. 200151 of 2024
DATED 09.10.2024 PASSED BY THE LEARNED III ADDL.
DISTRICT AND SESSIONS JUDGE VIJAYAPUR IN CRL.A.NO.
60/2023 AND ORDER OF CONVICTION AND SENTENCE DATED
13.07.2023 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC,
BASAVANA BAGEWADI IN C.C.NO. 1429/2021 AND
CONSEQUENTLY BE PLEASED TO ACQUIT THE PETITIONER/
ACCUSED IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
The concurrent findings recorded by both the Courts
holding the accused guilty of offence punishable under
Section 138 of N.I. Act is under challenge in this appeal
preferred by the accused.
2. In respect of dishonour of a cheque issued by
the accused in favour of the complainant for a sum of
Rs.1,70,000/-, proceedings were initiated against him
before the Court of Civil Judge and JMFC at Basavana
Bagewadi, Vijayapura. The learned Magistrate vide
judgment dated 13.07.2023 passed in C.C.No.1429/2021
convicted him for the offence punishable under Section
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138 of N.I. Act and sentenced him to pay a fine of
Rs.2,00,000/-, out of which a sum of Rs.1,95,000/- was
ordered to be paid to the complainant as compensation
and the balance of Rs.5,000/- was defrayed towards State
expenses.
3. The appeal preferred by the accused before the
III Additional District and Sessions Judge, Vijayapura in
Criminal Appeal No.60/2023 was dismissed by the learned
Sessions Judge vide judgment dated 09.10.2024.
4. Learned counsel Sri Siddalinga Reddy has filed
power for respondent/complainant. The complainant
namely Mahesha is also present before the Court.
5. An application under Section 147 of N.I. Act is
filed, signed by both the learned counsel along with the
affidavits of both the parties. It is stated that the dispute
has been settled and the complainant/respondent has
agreed to receive a sum of Rs.1,00,000/- towards full and
final settlement from the accused and he has no objection
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to set aside the judgment of conviction and sentence
passed by the trial Court, which is confirmed by the
Sessions Court.
6. It is also stated that a sum of Rs.40,000/- is
already in deposit before the trial Court i.e., JMFC Court,
Basavana Bagewadi, and balance of Rs.60,000/- has been
received by the complainant.
7. The accused is stated to be taken into custody
on 26.10.2024.
8. The learned counsel for petitioner submits that
there was no intention on the part of the accused to deny
the payment to the complainant and now on his own
volition he has come forward to settle the dispute once for
all.
9. Considering the facts and circumstances of the
case, this Court is of the view that the ends of justice
would be met if conviction and sentence imposed on the
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accused is set aside, imposing a cost of Rs.10,000/-
payable to the District Legal Services Authority,
Kalaburagi. Accordingly, the following:
ORDER
(i) Criminal Revision Petition is Allowed.
(ii) The judgment dated 13.07.2023 passed by the
Court of Civil Judge and JMFC at Basavana Bagewadi,
Vijayapura in C.C. No.1429/2021 and dated 09.10.2024
passed by the Court of III Additional District and Sessions
Judge, Vijayapura in Criminal Appeal No.60/2023 are set
aside.
(iii) Petitioner/accused is acquitted of the offence
punishable under Section 138 of N.I. Act.
(iv) He shall be released from the prison in the
present case.
(v) Cost of Rs.10,000/- (Rupees Ten Thousand
only) shall be deposited with the District Legal Services
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Authority, Kalaburagi and the receipt shall be filed in the
Registry of this Court within a period of one week.
(vi) Respondent/complainant is permitted to
withdraw a sum of Rs.40,000/- (Rupees Forty Thousand
only) deposited by the petitioner before the Court of Civil
Judge and JMFC at Basavana Bagewadi, Vijayapura in C.C.
No.1429/2021.
(vii) Application filed under Section 147 of N.I. Act is
allowed.
(viii) Registry to communicate the order to the
concerned jail authorities, Central Prison, Vijayapura.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
CT:SI
