Karnataka High Court
Sri. Sunil Tammanna Gurappagol Alias ... vs Sri. Beereshwar Co-Operative Credit ... on 7 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:9991
CRL.RP No. 100135 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100135 OF 2025
(397(Cr.PC)/438(BNSS)-)
BETWEEN:
SRI. SUNIL TAMMANNA GURAPPAGOL @ HOLER,
AGE: 35 YEARS, OCC: AGRI.,
R/O: KOHALLI, TQ: ATHANI,
DIST: BELAGAVI-591304.
RAKESH Location:
S HIGH
COURT OF
HARIHAR KARNATAKA
...PETITIONER
(BY SRI. VITTHAL S TELI, ADVOCATE)
AND:
SRI. BEERESHWAR CO-OPERATIVE CREDIT
SOCIETY LTD., EXAMBA, (MULTI STATE)
BR.TELSANG NOW REPRESENTED
BY ITS BR.MANAGER
SRI. MAHANTESH BALAPPA SHIROL
AGE: 42 YEARS, OCC: SERVICE (MANAGER),
R/O: TELSANG, TQ: ATHANI,
DIST: BELAGAVI 591304.
...RESPONDENT
(BY SRI. SHARAD V. MAGADUM, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/SEC.438 R/W
442 OF BNSS, PRAYING TO SET ASIDE THE JUDGMENT AND
SENTENCE IN CRIMINAL APPEAL NO.10045/2024 DATED 25.01.2025
BY THE XI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI
SITTING AT ATHANI AND JUDGMENT AND SENTENCE IN CC
NO.2781/2018 DATED 09.10.2024 PASSED BY THE I ADDL. CIVIL
JUDGE AND JMFC ATHANI FOR OFFENCE U/SEC. 138 OF NI ACT AND
ACQUIT THE REVISION PETITIONER HEREIN.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2025:KHC-D:9991
CRL.RP No. 100135 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. The petitioner is before this Court in this revision
petition filed under Section 438 of BNSS 2023, with a prayer to
set aside the judgment and order of conviction and sentence
passed in C.C.No.2781/2018 dated 09.10.2024 by the Court of
I Addl. Civil Judge & JMFC, Athani and the judgment and order
dated 25.01.2025 passed by the Court of IX Addl. District and
Sessions Judge, Belagavi sitting at Athani in
Crl.A.No.10045/2024 confirming the judgment and order
passed by the trial Court.
2. Heard the learned counsel for the parties.
3. Learned counsel for the parties submit that the
dispute between the parties has been amicably settled and the
parties have filed an application under Section 147 of the
Negotiable Instruments Act, 1881 read with Section 359 & 528
of the BNSS 2023 seeking permission of this Court to
compound the offence for which the petitioner has been
convicted.
NC: 2025:KHC-D:9991
HC-KAR
4. The application filed by the parties is taken on
record.
5. The application filed by the parties is signed by
them and by their respective advocates. The parties who are
present before the Court in person have been identified by their
respective advocates.
6. In paragraph Nos.2 and 3 of the application, it is
stated as follows:
"2. The petitioner/accused and respondent/complainant
have settled the dispute/lis as per advice of elder of
community and village on the following terms and conditions
only in respect of present case and the respondent society is
reserves right to recover the outstanding due after adjusting
the amount received in the present case.
a. That the petitioner/accused has agreed to pay
fine amount of Rs. 98,828/- as per judgment and
order of sentence passed by the Trial Court and
Appellate Court.
b. That the petitioner/accused as per the interim
passed by this Hon'ble Court and Sessions Court has
already deposited 70% of fine amount Rs 69,180/-.
c. That the petitioner/accused today by D D
bearing 696365 dated 05/08/2025 in favour of the
respondent/complainant for sum of Rs 29,650/- is
handed over to the respondent/complainant.
NC: 2025:KHC-D:9991
HC-KAR
d. That the petitioner/accused submits/states that
the amount deposited before I Addl. Civil judge and
JMFC Athani may be released in favour of
respondent/complainant inclusive of interest accrued
if any.
e. That the petitioner/accused and
respondent/complaint submits that sentence of
simple imprisonment for a period of one year may
kindly be set-aside".
3. The petitioner/accused and respondent/complainant
submits that the above compromise/settlement is out of free
will and amicable and without any bodies force and coercion or
inducement etc.
7. Since the entire amount covered under the cheque
has been paid / deposited by the petitioner, I am of the opinion
that the prayer made in the application is to be granted.
8. Accordingly, the following
ORDER
a) IA.No.2/2025 filed by the parties seeking
permission of this Court to compound the alleged
offence for which the petitioner has been
convicted is allowed. Consequently, the petition
is also allowed.
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HC-KAR
b) The judgment and order of conviction and
sentence passed in C.C.No.2781/2018 dated
09.10.2024 by the Court of I Addl. Civil Judge &
JMFC, Athani and the judgment and order dated
25.01.2025 passed by the Court of IX Addl.
District and Sessions Judge, Belagavi sitting at
Athani in Crl.A.No.10045/2024 are set aside and
the petitioner is acquitted of the offence for
which he has been convicted by the Courts
below.
c) The respondent/complainant is permitted to
withdraw the amount of ₹.69,180/- deposited by
the petitioner before the trial Court, along with
interest, if any.
SD/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS
CT:ANB
