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2020 Supreme(Kar) 202
IN THE HIGH COURT OF KARNATAKA
K. Natarajan, J.
K.R. Dinesh - Appellant
Versus
Gireesh H.C. - Respondent
Criminal Revision Petition Nos.1258, 1256 and 1257/2018
Decided On : 03-01-2020
Dr. J.S. Halashetti, Advocate, for the Appellant in all Appeals; Sri A.P. Pulakeshi, Advocate, for the Respondent in Crl.R.P.1258/2018; Sri Pradeep Naik K., Advocate, for the Respondent in Crl. R.P.1256 & 1257/2018
The court's decision was primarily based on the acceptance of the compromise application under Section 147 of the Negotiable Instruments Act, leading to the setting aside of the judgment of conviction and sentence.
Headnote:
Compromise Application - Negotiable Instruments Act - The court accepted the compromise between the parties and set aside the judgment of conviction and sentence, acquitting the petitioner.
Fact of the Case:
The petitioner and the respondent filed a joint compromise application under Section 147 of the Negotiable Instruments Act, 1881, stating that they have compromised the dispute between them. The alleged offence is punishable under Section 138 of the N.I. Act. The respondents received specified amounts as per the compromise.
Finding of the Court:
The court accepted the compromise between the parties, set aside the judgment of conviction and sentence, and acquitted the petitioner. The petitioner was directed to deposit a specified amount in each case imposed by the trial court towards the expenses of the State. The petitioner was ordered to be set at liberty forthwith if not required in any other case.
Issues: The main issue was the acceptance of the compromise application and its implications on the judgment of conviction and sentence.
Ratio Decidendi: The court's decision was influenced by the acceptance of the compromise between the parties under Section 147 of the N.I. Act, leading to the setting aside of the judgment of conviction and sentence.
Final Decision: The criminal revision petitions were disposed of, and the petitioner was acquitted, with a direction to deposit a specified amount in each case imposed by the trial court towards the expenses of the State.
JUDGMENT
1. Petitioner and the respondent files a joint compromise application under Section 147 of the Negotiable Instruments Act, 1881, (hereinafter referred to as 'N.I. Act' for short) and submits that they have compromised the dispute between them. The alleged offence is punishable under Section 138 of N.I. Act.
2. The learned counsel for the petitioner is present and the respondents/complainants are also present along with their counsel. The petitioner is said to be in custody.
3. In terms of the compromise, the respondents/complainants have received Rs.5,00,000/- in Crl.R.P.No.1258/2018, Rs.2,00,000/- in Crl.R.P.No.1256/2018 and Rs.3,00,000/- in Crl.R.P.No.1257/2018 from the representative of the petitioner.
4. In view of the compromise between the parties, the compromise is accepted. The judgment of conviction and sentence dated 11.04.2018 passed by the Addl. Civil Judge & JMFC, Mudigere, in C.C.Nos.315/2015, 593/2014 and 595/2014, which is confirmed by the Prl. District & Sessions Judge, Chikkamagaluru, by its order dated 27.09.2018 in Crl.A.Nos.67/2018, 69/2018 and 68/2018 are hereby set aside. The petitioner is acquitted.
5. However, the petitioner is directed to deposit Rs.5,000/- in each case imposed by the trial Court towards the expenses of the State.
6. The petitioner is ordered to be set at liberty forthwith if he is not required in any other case.
Accordingly, criminal revision petitions are disposed of.
