Karnataka High Court
Khalilahamad S/O Abdulrahiman ... vs Mohammad Ali S/O. Muktumsab Gadag on 21 January, 2025
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2025:KHC-D:1061
CRL.RP No. 100258 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CRIMINAL REVISION PETITION NO.100258 OF 2023
[397(CR.PC)/438(BNSS)]
BETWEEN:
KHALILAHAMAD S/O. ABDULRAHIMAN TAHASILDAR,
MANJANNA
E AGE: 51 YEARS, OCC. GOVT. SERVANT,
R/O. RACHOTESHWAR NAGAR,
Digitally signed
by MANJANNA E NEAR CDO JAIN SCHOOL GADAG,
Date: 2025.01.23
14:31:05 +0530
DIST. GADAG.
... PETITIONER
(BY SRI RAJASHEKAR R. GUNJALLI, ADVOCATE)
AND:
MOHAMMAD ALI S/O. MUKTUMSAB GADAG,
AGE: 53 YEARS, OCC. CONTRACTOR,
R/O. NEAR CHAVADI, NAVALGUNDA,
TQ. NAVALGUNDA, DIST. GADAG.
PIN CODE-582201.
... RESPONDENT
(BY SRI UMESH P. HAKKARKI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/EC. 397 R/W
401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND ALLOW THIS
CRIMINAL REVISION PETITION BY SETTING ASIDE THE JUDGMENT
AND ORDER OF CONVICTION AND SENTENCE DATED 07.10.2022
CRIMINAL APPEAL NO. 89/2021 BY CONFIRMING JUDGMENT AND
ORDER OF CONVICTION PASSED IN CC NO. 229/2019 DATED
10.11.2021 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT
NAVALAGUND FOR OFFENCE P/U/SEC. 138 N.I. ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:1061
CRL.RP No. 100258 of 2023
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)
Learned counsel for parties submitted that there is a
settlement between them, whereunder complainant has agreed
to receive sum of Rs.11,50,000/- including Rs.5,50,000/-
deposited by petitioner and withdrawn by complainant before
trial Court and balance amount of Rs.6,00,000/- paid through
Demand Draft under compromise petition.
2. Parties are present and are identified by their
respective counsel.
3. An application under Section 359 of Bharatiya
Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) seeking
permission to compromise complaint.
4. Terms of compromise petition reads as follows:
"The complainant and accused / Petitioner beg to submit
this compromise petition as under:-
1. The complainant/Respondent filed the Private
complaint in CC.No.299/2019 under Section 200 of Cr.P.C.
R/w- Section 138 and 142 of N.I.Act against the Revision
petitioner for the offence punishable under section 138 of
Negotiable Instrument Act.
2. It is submitted that, the case of complainant that he
being contractor was having well acquaintance with
accused/petitioner, petitioner has barrowed of
NC: 2025:KHC-D:1061
Rs.15,0000/- as hand loan from him. On persistent
demands, the accused stated/petitioner stated to have
issued cheque bearing Nos.524438, 381351 and 727476
for Rs.5,00,000 each dated 30-5-2014, 31-5-2014 and
2-6-2014 respectively drawn on Vijay Bank of India
Navalgund in discharge of his liability and that on
presentation for encashment, the said cheque dishonored
for the reason of "Funds Insufficient". Consequently, legal
notice dated 13/06/2004 issued to the petitioner and that
though there is service, no payment nor reply and hence,
lodge complaint.
3. It is further submitted that, the trial court after hearing
the matter allowed the complaint and ordered to pay fine
of Rs.21,05,000/- and accused/petitioner shall undergo
imprisonment for the period of one year. In the event of
failure of payment of above said fine amount, Aggrieved
by same the petitioner filed Criminal Appeal No.89/2021
on the file of Principal District and Sessions Judge,
Dharwad, and the same came to be dismissed by
confirming the Judgment and order of the Trial Court.
Hence, aggrieved by the same the present Criminal
Revision Petition by the Petitioner/Accused.
4. It is further submitted that, now the Revision Petitioner
and the complainant in view of the advice of the elderly
persons by both the side decided to settle the matter,
accordingly both petitioner and respondents has entered
into compromise on the following terms and conditions.
a) The Revision Petitioner has to Pay as per the
judgment passed in CC No 229/2019 is
Rs.21,00,000/-, now the respondent agreed for
Rs.11,50,000/- as full and final settlement. The
petitioner after the judgment have deposited
Rs.5,50,000/- before the court below and same
has been withdrawn by the respondent. Further
the petitioner is paying the balance amount of
Rs.6,00,000/- by way of Demand Draft before
this Hon'ble court.
NC: 2025:KHC-D:1061
PRAYER
5. In view of the compromise between the both the
parties the Respondent/ complainant prays that this
Hon'ble Court to be pleased to set aside the order passed
by the Learned Principal District and Sessions Judge
Dharwad in Criminal Appeal No.89/2021 dt.07-10-2022 in
confirming the Judgment and order of conviction and
Sentence dt.10-11-2021 passed in C.C.No.229/2019 for
the offence punishable under section 138 and 143 of N.I.
Act on the file of Senior Civil Judge & JMFC Navalgund, as
compromised, in the interest of Justice and Equity."
5. Respondent/complainant acknowledges withdrawal
of Rs.5,50,000/- and receipt of Demand Draft for a sum of
Rs.6,00,000/- as detailed in compromise petition duly signed
by both parties and their learned counsel.
6. In light of compromise entered into between
parties, I proceed to pass following:
ORDER
i) Criminal Revision Petition is allowed, in
terms of compromise.
ii) Judgment of conviction and order of
sentence dated 10.11.2021 passed by
learned Senior Civil Judge and J.M.F.C.,
Navalagund in C.C.no.229/2019 confirmed
by judgment dated 07.10.2022 in
Crl.Appeal.no.89/2021 by Principal District
NC: 2025:KHC-D:1061
and Sessions Judge, Dharwad are set-
aside.
iii) Bail bond of accused and sureties bond
shall stand cancelled.
In view of above, I.A.no.2/2023 is dismissed as
unnecessary.
Sd/-
(RAVI V.HOSMANI)
JUDGE
GRD
CT:PA
