Karnataka High Court
Venkatesh vs Basalingappa on 25 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:514
CRL.RP No. 200026 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO.200026 OF 2024
(397(Cr.PC)/438(BNSS))
BETWEEN:
VENKATESH S/O VITHAPPA AMBIGER,
AGED: 45 YEARS,
OCC:REVENUE CIRCLE INSPECTOR,
R/O. TAHASILDAR OFFICE, NIDAGUNDI,
BASAVANA BAGEWADI TALUK,
DISTRICT VIJAYAPURA 586213
...PETITIONER
(BY SRI SANTOSH KUMAR B. BIRADAR, ADVOCATE)
AND:
Digitally signed by BASALINGAPPA S/O KOTREPPA RAKKASAGI,
SHILPA R
TENIHALLI AGED: 50 YEARS, OCC: BUSINESS,
Location: HIGH R/O. HOUSE NO. 32, CHALUKYA NAGAR,
COURT OF NEAR ST. JOSEPH SCHOOL, VIJAYAPUR,
KARNATAKA
DISTRICT VIJAYAPURA-586101
...RESPONDENT
(BY SRI MAHESH B. PATIL, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C
PRAYING TO A) SET ASIDE THE IMPUGNED JUDGMENT DATED
02.01.2024 PASSED IN CRIMINAL APPEAL NO.25/2023 ON THE
FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE,
VIJAYAPUR, CONFIRMING THE TRAIL COURT JUDGEMENT
DATED 28.02.2023 PASSED IN C. C. NO.431/2019 ON THE FILE
OF CIVIL JUDGE AND JMFC MUDDEBIHAL, B) CONSEQUENTLY
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NC: 2025:KHC-K:514
CRL.RP No. 200026 of 2024
TO DISMISS THE COMPLAINT FILED BY
COMPLAINANT/RESPONDENT U/SEC 200 OF CR.P.C R/W 138
AND 142 OF NEGOTIABLE INSTRUMENTS ACT 1881. C) PASS
SUCH OTHER ORDER OR DIRECTION AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE
CASE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
This criminal revision petition is filed under Section
397 read with Section 401 of Cr.P.C. by the
petitioner/accused challenging the judgment and order of
conviction and sentence passed by the Court of Civil Judge
and JMFC, Muddebihal in C.C.No.431/2019 dated
28.02.2023 and the judgment and order dated 02.01.2024
passed by the Court of Principal District and Sessions
Judge, Vijayapura in Criminal Appeal No.25/2023 for the
offence punishable under Section 138 of the Negotiable
Instruments Act, 1881 (for short 'N.I.Act').
2. Heard learned counsel for the parties..
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3. Learned counsel for the parties jointly submit
that the dispute between the parties has been settled and
towards full and final settlement of the amount covered
under the cheque in question, the petitioner has paid a
sum of Rs.6,50,000/- to the respondent/complainant. The
parties today have filed a memo of settlement dated
25.01.2025, which is signed by the parties and their
respective advocates.
4. In paragraph No.5 of the memo of settlement,
it is stated as follows:
"5. Hence, both the parties herein have
compromised the matter as per the below terms:
a. That, the complainant is ready to accept
the amount of Rs.6,50,000/- (Rupees Six Lakhs
Fifty Thousand Only) as full and final settlement
from accused.
b. That, out of Rs. 6,50,000/- already
accused has deposited Rs.3,00,000/- before the
trial court and complainant can withdraw the
same by filing necessary application.
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c. That, on 19-12-2024 and 16-01-2025
accused has paid total Rs.2,00,000/- to the
complainant before this Hon'ble Court and same
was acknowledged by the complainant.
d. That, the remaining balance of
Rs.1,50,000/- has been paid by the accused to
the complainant today before this Hon'ble Court
and same has been acknowledge by the
complainant. Further, as per the agreed
settlement/compromise accused has paid total
sum of Rs.6,50,000/- to the complainant."
5. In view of the settlement arrived between the
parties, it is necessary to permit the parties to compound
the offence for which the petitioner has been convicted by
the Trial Court and consequently acquit him. Accordingly,
following order is passed:
ORDER
The criminal revision petition is allowed.
The parties are permitted to compound the offence
punishable under Section 138 of the N.I.Act for which the
NC: 2025:KHC-K:514
petitioner/accused has been convicted and sentenced by
the Courts below, in view of the settlement reported
before this Court. Consequently, the judgment and order
of conviction and sentence passed by the Court of Civil
Judge and JMFC, Muddebihal in C.C.No.431/2019 dated
28.02.2023, which is confirmed in Criminal Appeal
No.25/2023 by the Court of Principal District and Sessions
Judge, Vijayapur vide judgment and order dated
02.01.2024 are set aside and the petitioner/accused is
acquitted of the offence punishable under Section 138 of
the N.I.Act.
The amount deposited by the petitioner/accused
before the Trial Court is permitted to be withdrawn by the
respondent/complainant by filing necessary application.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SRT
CT:PK
