Karnataka High Court
Hanamanth S/O Vithalappa Gachinamani vs Jakkappa S/O Laxman Mendigeri on 5 March, 2025
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2025:KHC-D:4281
CRL.RP No. 100002 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO. 100002 OF 2023
(397(CR.PC)/438(BNSS))
BETWEEN:
HANAMANTH S/O. VITHALAPPA GACHINAMANI,
AGE: 45 YEARS, OCC. CONTRACTOR/ AGRICULTURE,
R/O. HULYAL VILLAGE, TQ. JAMAKHANDI,
DIST. BAGALKOTE-587301.
...PETITIONER
(BY SRI B.G. INDI, ADVOCATE FOR SRI K.L. PATIL, ADVOCATE)
AND:
JAKKAPPA S/O. LAXMAN MENDIGERI,
AGE: 53 YEARS, OCC. CONTRACTOR/ AGRICULTURE,
R/O. KADAPATTI, TQ. JAMAKHANDI,
DIST. BAGALKOTE-587119.
...RESPONDENT
(BY SRI PRASHANT S. KADADEVAR, ADVOCATE)
Digitally signed
by V N BADIGER
Location: HIGH
THIS CRIMINAL REVISION PETITION IS FILED UNDER
COURT OF SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE
KARNATAKA RECORDS AND ALLOW THIS REVISION PETITION AND SET ASIDE
THE JUDGMENT AND ORDER DATED 20.10.2022 PASSED IN
CRIMINAL APPEAL NO. 5038/2021 BY I ADDL. DISTRICT AND
SESSIONS JUDGE, BAGALKOTE, SITTING AT JAMKHANDI AND ALSO
SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND
SENTENCE DATED 07.10.2021 PASSED IN C.C.NO.937/2017 BY
ADDL. CIVIL JUDGE AND JMFC COURT, JAMKHANDI AND THEREBY
ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-2-
NC: 2025:KHC-D:4281
CRL.RP No. 100002 of 2023
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Parties are present with their respective Advocates.
Compromise petition is filed by both the parties, signed by the
parties and their respective Advocates. Compromise petition
reads as under:
"1. It is submitted that, the
Respondent/Complainant had filed a private
complaint before the learned Addl. Civil Judge
and JMFC Court, Jamakhandi in C.C. No.
937/2017 against the Petitioner/Accused for
the offence of 138 of NI Act in respect of
dishonour of one cheque bearing No. 199143
drawn on Axis Bank, Jamakhandi Branch for
sums of Rs. 3,00,000/- for encashment
through his Axis Bank, Jamakhandi Branch.
2. It is submitted that, the C.C. No. 937/2017
on the file of the learned Addl. Civil Judge and
JMFC Court, Jamakhandi came to be allowed
and thereby the Petitioner/Accused was
convicted by judgment and order of conviction
and sentence dated 07/10/2021. The
Petitioner/Accused was convicted to pay a fine
amount of Rs. 3,50,000/-, and in default of
NC: 2025:KHC-D:4281
payment of fine, he shall undergo simple
imprisonment for a period of one year for the
offence punishable under Section 138 of NI
Act. And subsequently the Petitioner preferred
criminal appeal challenging the judgment and
order of conviction and sentence of the trial
Court before the I Addl. District and Sessions
Judge, Bagalkote, Sitting at Jamakhandi in Crl.
Appeal No. 5038/2021, the learned District
and Sessions Judge also dismissed the appeal
filed by the Petitioner/Accused and confirmed
the judgment and order of conviction and
sentence dated 07/10/2021 passed by the
learned Addl. Civil Judge and JMFC Court,
Jamakhandi in C.C. No. 937/2021.
3. It is submitted that, being aggrieved by the
judgment and order of conviction and
sentence passed by the Trial Court as well as
the dismissal judgment and order of the first
Appellate Court the Petitioner/Accused has
preferred the Criminal Revision Petition before
this Hon'ble Court.
4. It is submitted that, with the intervention of
elders and well wishers of the Petitioner as
well as the Respondent, the Petitioner and
Respondent have agreed to amicably settle
NC: 2025:KHC-D:4281
the dispute between them by compounding
the present proceedings. In view of the said
fact, the present compromise is being entered
into on following terms and conditions:
a. The Petitioner/Accused has agreed to pay a
sum of Rs. 2,50,000/- to the
Respondent/Complainant. And the Respondent
also agreed to receive the said amount.
b. The Respondent/Complainant hereby
acknowledges the receipt of Rs. 1,25,000/- by
way of cash from the Petitioner/Accused.
c. The remaining balance amount of Rs.
1,25,000/- is to be paid within a period of 30
days from today. In case of failure the
Respondent/Complainant may proceed with
the case, with permission of this Hon'ble
Court.
d. The Respondent/Complainant also hereby
agrees that, the Criminal Revision Petition No.
100002/2023 filed by the Petitioner may
kindly be disposed off as settled between the
parties.
NC: 2025:KHC-D:4281
Wherefore, this Hon'ble High Court may
kindly be pleased to permit the Petitioner and
Respondent to compound the present
proceedings by accepting the present
Compromise Petition and acquit the
Petitioner/Accused by setting aside the
judgment and order of conviction and
sentence dated 07/10/2021 passed by Addl.
Civil Judge and JMFC Court, Jamakhandi in
C.C. No. 937/2017 and also set aside the
subsequent judgment and order dated
20/10/2022 passed by the learned I Addl.
District & Sessions Judge, Bagalkote, Sitting at
Jamakhandi in Crl. Appeal No. 5038/2021, in
the interest of justice and equity."
Placing the joint memo on record, revision petition stands
disposed of.
In case if there is no compliance of contents of joint
memo, complainant is at liberty to execute the impugned order.
Sd/-
(V.SRISHANANDA)
JUDGE
AC
