Karnataka High Court
Sri. Ramesh Hedge vs Sri. R N Ajith Kumar on 29 October, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:43597
CRL.RP No. 1301 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 1301 OF 2021
BETWEEN:
SRI. RAMESH HEDGE
S/O. MAHABALESHWAR HEGDE,
AGED 50 YEARS,
HEGDE AUTO CENTER,
P.B. ROAD,
DAVANAGERE 577 001
...PETITIONER
(BY SRI. RAVI G SABHAHIT, ADVOCATE)
AND:
SRI. R.N. AJITH KUMAR
S/O. K.G. NAGENDRA PRAKASH,
AGED 35 YEARS,
Digitally R/AT NO. 2935/6, 3RD CROSS,
signed by
MALATESH MCC-A-BLOCK, DAVANAGERE,
KC ALSO AT SRI. VEERANARAYAN TRADERS,
Location: NO. 26, VIJAYA LAKSHMI ROAD,
HIGH
COURT OF DAVANAGERE 577 001
KARNATAKA ...RESPONDENT
(BY SRI. SUDHAKARA K.G., ADVOCATE)
***
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE ORDER PASSED BY THE 1ST
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
DAVANAGERE IN CRL.A.NO.152/2011 DATED 19.02.2020,
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NC: 2024:KHC:43597
CRL.RP No. 1301 of 2021
THEREBY CONFIRMING THE JUDGMENT AND ORDER PASSED
BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT
DAVANAGERE IN C.C.NO.1194/2009, DATED 10.11.2011, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS CRL.RP COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Learned counsels for the parties present.
2. There is a delay of 320 days in filing the revision
petition. Accepting the reasons stated in the affidavit in
support of I.A.No.1/2021 and also taking note of the fact that
the matter is settled between the parties, delay of 320 days in
filing the revision petition is condoned. I.A.No.1/2021 stands
allowed.
3. I.A.No.2/2021 is filed under Section 320(3) of the
Code of Criminal Procedure, for compounding the offence
punishable under Section 138 of the Negotiable Instruments
Act, 1881. It is submitted that the entire compensation amount
and also the fine amount, as ordered by the Trial Magistrate,
has been paid by the revision petitioner to the respondent -
complainant.
4. Accordingly, following:
NC: 2024:KHC:43597
ORDER
i) I.A.No.2/2021 is allowed. Consequently, the
Criminal Revision Petition is allowed.
ii) The offence under Section 138 of the N.I. Act
stands compounded.
iii) The entire compensation amount of Rs.2,00,000/-
tendered by way of Demand Draft, which is
accepted by acknowledging in the order sheet.
iv) In view of the same, the conviction order passed
by the Trial Magistrate and confirmed by the first
appellate Court is hereby set aside.
v) The revision petitioner-accused is acquitted of the
offence for which he was convicted.
vi) Final amount Rs.2,000/- towards defraying
expenses of State is hereby set aside.
Sd/-
(V SRISHANANDA)
JUDGE
BMV*
