Smt Shyamala W/O Ram Bandekar vs M/S Tara Jewellers
2025 Latest Caselaw 3580 Kant

Karnataka High Court

Smt Shyamala W/O Ram Bandekar vs M/S Tara Jewellers on 5 February, 2025

Author: Ravi V.Hosmani

Bench: Ravi V.Hosmani

                                                      -1-
                                                                  NC: 2025:KHC-D:2224
                                                            CRL.RP No. 100395 of 2022




                                     IN THE HIGH COURT OF KARNATAKA,
                                             DHARWAD BENCH

                                 DATED THIS THE 5TH DAY OF FEBRUARY, 2025

                                                   BEFORE

                                 THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

                            CRIMINAL REVISION PETITION NO.100395 OF 2022
                                       [397(CR.PC)/438(BNSS)]

                          BETWEEN:

                          SMT. SHYAMALA W/O. RAM BANDEKAR,
                          AGE: 48 YEARS, OCC. HOUSEWIFE,
                          R/O. MANASINKATTA, TELANG ROAD,
                          BAAD, POST: NANDANGADDA,
                          KARWAR-581301.
                                                                         ... PETITIONER
                          (BY SRI MAHESH WODEYAR, ADVOCATE)

                          AND:

                          M/S. TARA JEWELLERS
                          GURUMATH ROAD, KAJUBAG, KARWAR,
                          REP. BY ITS PROP. DEVIDAS DATTU PAWASKAR,
            Digitally
                          AGE: 66 YEARS, OCC. BUSINESS,
                          R/O. GURUMATH ROAD, KAJUBAG,
            signed by
            MALLIKARJUN
MALLIKARJUN RUDRAYYA
RUDRAYYA    KALMATH
KALMATH     Date:


                          KARWAR-581301
            2025.02.07
            14:20:58
            +0530




                                                                        ... RESPONDENT
                          (BY SMT. DIVYA J.DESHPANDE, ADVOCATE)

                                THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W.
                          401 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS AND SET
                          ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED
                          28.09.2022 PASSED BY THE LEARNED II ADDITIONAL DISTRICT AND
                          SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN CRIMINAL
                          APPEAL NO.134/2014, AND THE JUDGMENT AND ORDER OF
                          CONVICTION DATED 21.10.2014, PASSED BY THE LEARNED
                          PRINCIPAL CIVIL JUDGE AND JMFC II KARWAR, IN CC NO.485/2012
                          FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT, AND
                          CONSEQUENTLY ACQUIT THE ACCUSED FOR THE OFFENCE
                          PUNISHABLE U/S. 138 OF N.I. ACT.
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                                                NC: 2025:KHC-D:2224
                                        CRL.RP No. 100395 of 2022




    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

                             ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This revision petition is filed by sole accused (petitioner)

challenging judgment of conviction and order of sentence dated

28.09.2022 by II Additional District and Sessions Judge, Uttara

Kannada, Karwar in Crl.A.no.134/2014 confirming judgment of

conviction and order of sentence dated 21.10.2014 passed by

Principal Civil Judge and JMFC-II, Karwar in C.C.No.485/2012

for offences punishable under Section 138 Negotiable

Instruments Act, 1881 ('NI Act' for short).

2. Petitioner - accused and respondent - complainant

and their respective counsel are present.

3. Parties have filed memorandum of petition under

Section 147 of NI Act reporting compromise stating that matter

is settled between parties. Respondent - complainant agreed to

receive and petitioner - accused agreed to pay sum of

Rs.6,50,000/- as full and final settlement towards cheque

amount. Petitioner - accused has already deposited

Rs.4,80,000/- before Civil Judge and JMFC-II Court at Karwar

NC: 2025:KHC-D:2224

as per order of this Court dated 25.11.2022 and for remaining

sum of Rs.1,70,000/-, petitioner - accused has produced a

Demand Draft bearing no.915009 drawn in his favour today.

Compromise petition reads as under:

"MEMORANDUM OF PETITION U/S 147 OF NEGOTIABLE INSTRUMENT ACT FOR COMPOUNDING THE OFFENCE.

Petitioner & Respondent respectfully submit as under:

1. Petitioner has filed the above Criminal Revision petition against the judgment and order of conviction dated 28.09.2022 passed by the Ld. II Addl. Dist. & Sessions Judge, Uttarkannada, Karwar in Criminal Appeal No.134/2014, confirming the judgment and order of conviction dated 21.10.2014 passed by the Ld. JMFC II Karwar, in C.C.No.485/2012 for the offence punishable under section 138 of NI Act, whereby the Petitioner is convicted for the offence punishable under Section 138 of N.I. Act.

2. The Trial Court convicted the accused for the offence punishable U.s 138 of NI Act and sentenced the accused to pay fine amount of Rs.

9,60,000/- and in default of payment of fine accused shall undergo simple imprisonment for a period of 2 years. Further, ordered that, out of the fine amount of Rs.4,80,000.- to the complainant towards the Cheque amount and Rs. 10,000/- compensation vide its order dated 21.10.2014.

3. Being aggrieved by the same petitioner filed Crl.A.No.134/2014 before the Ld.II Additional Dist. & Sessions judge Uttar Kannada Karwar and the Ld.II Additional Dist. & Sessions judge Uttar Kannada Karwar modified the sentenced as follows:-

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The Judgment and order of Conviction passed by the Ld. JMFC II Karwar, in CC No.485/2012 dated 21.10.2014 is hereby confirmed. However, the sentence is modified as the accused is sentenced to pay fine of Rs.9,65,000/- and out of the total compensation, Rs.9,60,000/- should be paid as compensation to the complainant and the remaining amount of Rs.5,000/- should be deposited to the State towards litigation expenses.

4. It is submitted that the during the pendency of the above petition, due to intervention of the elders and well wishers, Petitioner and Respondent herein have amicably settled the matter between themselves conditions on the following terms and conditions:

i) That the complainant/respondent agreed to receive total Rs.6,50,000/-(Rupees six lakh fifty Thousand only) as a full and final settlement towards the cheque amount.

Accused/Petitioner has already deposited Rs.4,80,000/-(Four lakh eighty Thousand Rupees only) before the Civil Judge & JMFC II Court at Karwar by virtue of the order dated 25-11-2022 passed by this Hon'ble court in the above matter.

Accused/Petitioner has no objection to withdraw the said amount by the Complainant/Responden therein towards discharge of cheque amount.

ii) Further the remaining balance amount of Rs.1,70,000/-(Rupees One Lakh seventy thousand only) the petitioner is paying the said amount through DD bearing No.915009 dated 24.01.2025 for Rs.1,70,000/- drawn on canara bank Nandngada branch in favor of the respondents/complaints as a full and final settlement of the cheque amount and further Complainant/Respondent submits that he has no objection to setting aside the order of convictions passed by the Courts below.

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iii) The terms of this Compromise Petition which are written above in English language are read over and explained in Kannada language to the parties, who after having fully understood the same have affixed their respective signatures out of their free will & consent, without any coercion or undue influence.

Wherefore, it is most humbly prayed that this Hon'ble Court may kindly be pleased to accept the compromise petition and may kindly be pleased to set aside the order dated 28.09.2022 passed by the Ld. II Addl. Dist. & Sessions Judge, Uttarkannada, Karwar in Criminal Appeal No.134/2014, and also set aside the judgment and order of conviction dated 21.10.2014 passed by the Ld.civil Judge & JMFC II Court Karwar, in C.C.No.485/2012, for the offence punishable under Section 138 of NI Act, in the interest of justice and equity."

4. Respondent - complainant acknowledges receipt of

Demand Draft for a sum of Rs.1,70,000/- as detailed in

compromise petition duly signed by both parties and their

learned counsel.

5. In light of compromise entered into between parties,

terms of compromise are accepted. Hence, I proceed to pass

following:

ORDER

i) Criminal Revision Petition is allowed in terms of compromise.

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ii) Judgment dated 28.09.2022 passed in Crl.A.No.134/2014 by II Additional District and Sessions Judge, Uttara Kannada, Karwar confirming judgment of conviction and order of sentence dated 21.10.2014 passed by Civil Judge and JMFC-II Court, Karwar, in C.C.No.485/2012, are set aside.

iii) Consequently petitioner - accused is acquitted for offence punishable under Section 138 of Negotiable Instrument Act.

iv) Bail bond/surety of accused shall stand cancelled.

SD/-

(RAVI V.HOSMANI) JUDGE EM: CT:PA :