Karnataka High Court
Mustaq Ahmed S/O Abdul Khadarsab vs Jagadeeshlal M Paliwal on 12 February, 2025
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2025:KHC-D:2804
CRL.RP No. 100157 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CRIMINAL REVISION PETITION NO.100157 OF 2023
[397(CR.PC)/438(BNSS)]
BETWEEN:
MUSTAQ AHMED S/O. ABDUL KHADARSAB,
AGE: 58 YEARS,
OCC. PROPRIETOR OF DAVANGERE MAHESH BEEDI WORKS,
R/O. NO. 1013 SAJEED, BETUR, DAVANGERE-577001.
... PETITIONER
(BY SRI NAVEEN CHATRAD, ADVOCATE)
AND:
JAGADEESHLAL M.PALIWAL,
AGE: 78 YEARS,
OCC. PROPRIETOR OF M/S J.M. PALIWAL,
R/O. RANEBENNUR, DIST. HAVERI-581115.
Digitally
signed by
... RESPONDENT
MALLIKARJUN
MALLIKARJUN RUDRAYYA
RUDRAYYA KALMATH
KALMATH Date:
2025.02.13
14:37:06
+0530
(BY SRI S.B. PATIL, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C. SEEKING TO CALL FOR
THE RECORDS AND SET ASIDE JUDGMENT AND ORDER OF
CONVICTION DATED 26.12.2018 PASSED BY THE II ADDL. DISTRICT
AND SESSIONS JUDGE AT HAVERI (SITTING AT RANEBENNUR) IN
CRL.A NO. 29/2015 CONFIRMING THE JUDGMENT AND ORDER OF
CONVICTION DATED 07.03.2015 PASSED BY THE LEARNED ADDL.
CIVIL JUDGE AND II ADDL. JMFC, RANEBENNUR IN CC NO. 626/2007
AND CONSEQUENTLY ACQUIT THE PETITIONER FOR THE OFFENCES
PUNISHABLE UNDER SECTION 138 OF N.I. ACT.
-2-
NC: 2025:KHC-D:2804
CRL.RP No. 100157 of 2023
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 criminal revision petition is filed by sole accused
(petitioner) challenging judgment of conviction and order of
sentence dated 26.12.2018 by II Additional District and
Sessions Judge, Haveri (sitting at Ranebennur) in
Crl.A.no.29/2015 confirming judgment of conviction and order
of sentence dated 07.03.2015 passed by Additional Civil Judge
and II Additional JMFC, Ranebennur in C.C.no.626/2007 for
offences punishable under Section 138 Negotiable Instruments
Act, 1881 ('NI Act' for short).
2. Petitioner - accused and GPA Holder of 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 had
already received cash of Rs.3,04,000/- as full and final
settlement towards cheque amount.
NC: 2025:KHC-D:2804
4. On interaction, parties have stated that terms of
compromise are explained to them and after understanding
same, they have affirmed compromise out of their free will and
volition without there being any threat, coercion or inducement
from anybody.
5. Compromise petition reads as under:
"COMPROMISE PETITION U/S 147 OF N.I. ACT,
1881.
1. It is submitted that Petitioner has filed the
above Criminal Revision Petition against the
judgment and order of conviction dated 26-12-
2018 passed by the Ld. II Additional District &
Sessions Judge At: Haveri (Sitting At Ranebennur)
in Crl.A.No.29/2015 confirming the judgment and
order of conviction dated 07-03-2015 passed by
the Ld. Addl. Civil Judge & II Addl. JMFC,
Ranebennur in CC No.626/2007 for the offence
punishable under section 138 of NI Act, whereby
After hearing the Trail Court vide order dated
07-03-2015 convicted the Accused/Petitioner for
the offence punishable U/s 138 of NI Act and the
accused sentenced to pay fine of Rs.5,00,000/-
and for non-payment of fine, accused shall
undergo simple imprisonment for 2 years and out
of the fine amount of Rs.4,95,000/- shall be given
to the complainant as compensation and balance
amount of Rs.5,000/- shall be remitted to the
State.
2. It is submitted that during the pendency of the
above petition due to intervention of elders and
mediation of the well wishers both the Petitioner
and Respondent and his GPA holder have amicably
settled the above case on the following terms and
conditions:
NC: 2025:KHC-D:2804
i) that the Respondent / Complainant has
already received the Cheque amount of
Rs.3,04,000/- (Rupees Three Lakh and Four
Thousand only) as full and final settlement
amount by way of cash from the
Petitioner/Accused in front of the elders.
ii) that the Respondent/ Complainant has no
objection to set aside the order of
convictions passed by the courts below.
3. It is further submitted that the said compromise
entered between the parties voluntarily and
without any coercion or undue influence.
Therefore it is respectfully prayed that, this
Hon'ble Court may kindly be pleased to record the
compromise in the aforesaid terms and allow the
above Petition and set aside the judgment and
order of conviction dated 26-12-2018 passed by
the Ld. II Additional District & Sessions Judge
At: Haveri (Sitting At Ranebennur)
in Crl.A.No.29/2015 confirming the judgment and
order of conviction dated 07-03-2015 passed by
the Ld. Addl. Civil Judge & II Addl. JMFC,
Ranebennur in CC No.626/2007 for the offence
punishable under section 138 of NI Act, for the
offence punishable under section 138 of NI Act
and consequently acquit the Accused for the
offence punishable under section 138 of NI Act in
the above case, in the ends of justice and equity."
6. GPA Holder of respondent - complainant
acknowledges receipt of amount of Rs.3,04,000/- as detailed in
compromise petition duly signed by both parties and their
learned counsel.
NC: 2025:KHC-D:2804
7. 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 26.12.2018 passed in
Crl.A.no.29/2015 by II Additional District
and Sessions Judge, Haveri (sitting at
Ranebennur) confirming judgment of
conviction and order of sentence dated
07.03.2015 passed by Additional Civil
Judge and II Additional JMFC, Ranebennur
in C.C.no.626/2007, are set aside.
iii) Consequently petitioner - accused is
acquitted for offence punishable under
Section 138 of NI Act.
iv) Bail bond/surety of accused shall stand
cancelled.
SD/-
(RAVI V.HOSMANI)
JUDGE
GRD
CT:PA
