Karnataka High Court
Sachin S/O Basavaraj Lakkundi vs Santosh S/O Maruti Kavalur on 10 February, 2025
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2025:KHC-D:2606
CRL.RP No. 100330 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CRIMINAL REVISION PETITION NO.100330 OF 2022
[397(CR.PC)/438(BNSS)]
BETWEEN:
SACHIN S/O. BASAVARAJ LAKKUNDI,
AGE: 30 YEARS, OCC. GOVT. SCHOOL TEACHER,
R/O. H.P.S. HUILGOL, TQ. DIST. GADAG.
... PETITIONER
(BY SRI SHIVAKUMAR APARAJ, ADVOCATE)
AND:
SANTOSH S/O. MARUTI KAVALUR,
AGE: 33 YEARS, OCC. BUSINESS,
R/O. TARNALPET, BETAGERI,
TQ. DIST. GADAG, PIN CODE-582102.
... RESPONDENT
(BY SRI H.N.GULARADDI, ADVOCATE)
Digitally
signed by
BHARATHI
BHARATHI H M
HM Date:
THIS CRIMINAL REVISION PETITION IS FILED UNDER
2025.02.12
14:18:01
+0530 SECTION 397 R/W. 401 OF CR.PC., SEEKING TO CALL FOR THE
RECORDS IN C.C.NO.236/2018 ON THE FILE OF THE II ADDITIONAL
CIVIL JUDGE AND 2ND J.M.F.C. AT GADAG AND ALSO THE RECORDS
IN CRIMINAL APPEAL NO.67/2019 ON THE FILE OF THE LEARNED
PRINCIPAL JUDGE, FAMILY COURT, GADAG AND TO SET ASIDE THE
JUDGMENT AND SENTENCE DATED 14.08.2019 MADE IN
C.C.NO.236/2018 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND
2ND J.M.F.C. AT GADAG FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF N.I.ACT AND ALSO THE JUDGMENT/ORDER
CONFIRMING THE CONVICTION DATED 5TH APRIL 2021 IN CRIMINAL
APPEAL NO. 67/2019 PASSED BY THE LEARNED PRINCIPAL JUDGE,
FAMILY COURT, GADAG, AS THE SAME BEING NOT SUBSTANTIAL
LAW.
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NC: 2025:KHC-D:2606
CRL.RP No. 100330 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
05.04.2021 by Principal Judge, Family Court at Gadag in
Crl.A.no.67/2019 confirming judgment of conviction and order
of sentence dated 14.08.2019 passed by II Addl. Civil Judge
and JMFC-II, Gadag in C.C.No.236/2018 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 compromise of petition under
Section 147 of NI Act r/w Section 320 of CrPC reporting
compromise stating that matter is settled between parties.
Respondent - complainant agreed to receive and petitioner -
accused agreed to pay sum of Rs.3,00,000/- as full and final
settlement towards cheque amount. Petitioner - accused has
already deposited Rs.1,85,000/- before trial Court as per order
NC: 2025:KHC-D:2606
of this Court dated 23.09.2022 and respondent may be
permitted to withdraw said amount. Today, petitioner paid
Rs.90,000/- by way of cash to respondent. It is submitted,
petitioner is agreed to pay balance amount of Rs.25,000/-
within 20 days i.e. on 02.03.2025 to respondent. Compromise
petition reads as under:
"1. The present Criminal revision Petition is filed by
the petitioner calling in question the order
passed by the Prl Civil Judge and JMFC, Gadag
confirmed by the Prl Judge Family Court Gadag
in Crl Appeal no.67 of 2019 and convicted the
petitioner for the offences punishable under
sec 138 of NI Act and sentenced to pay
Rs.3,05,000/- and in default to undergo simple
imprisonment of 6 months.
2. It is submitted that, on 23.09.2022 this
Hon'ble Court pleased to suspended the
sentence passed in C.C.236 of 2018 confirmed
in Crl Appeal 67 of 2019.
3. It is submitted that, both parties are ready to
settle the matter by way of compromise.
4. It is submitted that, as per the compromise
the petitioner/accused is agreed to pay
Rs.3,00,000/- to the respondent/ complainant.
As per the order dated 23.09.2018 the
petitioner/accused deposited Rs1,85,000/-
before the trial court and the respondent may
permitted to withdraw the said amount and
today the petitioner/accused is paying
Rs.90,000/- by way of cash to the
respondent/complainant.
5. It is submitted that, as per the compromise
the petitioner/accused is agreed to pay the
NC: 2025:KHC-D:2606
balance amount of Rs.25,000/- within 20 days
i.e. on 02.03.2025 to the respondent.
Wherefore in view of the compromise between
the parties this Hon'ble Court be please to
compound the offence and acquit the
petitioner/accused in C.C.236 of 2018. Hence
the compromise petition."
4. 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.
ii) Judgment dated 05.04.2021 passed in
Crl.A.no.67/2019 by Principal Judge,
Family Court at Gadag confirming
judgment of conviction and order of
sentence dated 14.08.2019 passed in
C.C.No.236/2018 by II Addl. Civil Judge
and JMFC-II, Gadag are set aside.
iii) Consequently petitioner - accused is
acquitted for offence punishable under
Section 138 of NI Act.
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iv) Bail bond/surety of accused shall stand
cancelled.
SD/-
(RAVI V.HOSMANI)
JUDGE
CLK
CT:PA
