Back
- 1 -
CRL.RP No. 100334 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 18TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL REVISION PETITION NO. 100334 OF 2022
BETWEEN:
GAJANAN S/O SHANKAR ACHARI,
AGED ABOUT 62 YEARS, OCC. PRIVATE WORK,
R/O. VENKTAPUR, POST. SHIRALI,
TAL. BHATKAL, UTTARA KANNADA DIST-581420.
… PETITIONER
(BY SRI. SURESH S BHAT, ADVOCATE)
AND:
THE AKSHYA CO-OP. CREDIT SOCIETY LTD.,
SHIRALI, BHATKAL, R/BY ITS MANAGER,
SHIRALI, BHATKAL TALUK,
UTTARA KANNADA-581420.
… RESPONDENT
(BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W
401 OF CR.P.C., SEEKING TO SET AIDE THE JUDGMENT AND ORDER
OF CONVICTION IN CRIMINAL APPEAL NO.170/2012 BY ITS ORDER
DATED 20.07.2022, ON THE FILE OF 2 ND ADDITIONAL DISTRICT
AND SESSIONS JUDGE, KARWAR, UTTARA KANNADA, WHICH HAS
CONFIRMED THE JUDGMENT OF CONVICTION PASSED BY THE
COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, BHATKAL IN CC
NO.19/2010 ON 17.11.2012 BY CONVICTING THE PETITIONER FOR
THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT BY SENTENCED THE
PETITIONER TO PAY A FINE OF RS.5,45,000/- AND IN DEFAULT OF
PAYMENT OF FINE, PETITIONER SHALL FURTHER UNDERGO S.I. FOR
6 MONTHS, AND FURTHER ORDERED THAT OUT OF RS.5,45,000/- OF
FINE
AWARDED,
RS.5,40,000/-
SHOULD
BE
PAID
AS
COMPENSATION TO BE COMPLAINANT/RESPONDENT U/S 357 OF
CR.P.C. AND REMAINING AMOUNT OF RS.5,000/- SHOULD BE
CREDITED TO THE ACCOUNT OF THE STATE, AND ACQUIT THE
PETITIONER.
K M
SOMASHEKAR
Digitally signed by K M
SOMASHEKAR
Location: high court
karnataka Dharwad bench
Date: 2023.05.19
10:41:48 +0530
- 2 -
CRL.RP No. 100334 of 2022
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
1.
The petitioner is before this Court calling in
question the judgment and order of conviction in Crl. A.
No.170/2012 by its order dated 20.07.2022 on the file of
the II-Addl. District & Sessions Judge, Karwar, Uttara
Kannada, which has confirmed the judgment of conviction
passed by the Court of Prl. Civil Judge & JMFC, Bhatkal in
C.C. No.19/2010, dated 17.11.2012 by convicting the
petitioner for the offence punishable under Section 138 of
the N.I. Act.
2.
The parties to the lis have entered into a
settlement. The terms of the settlement reads as follows:
“The petitioner/accused has paid the entire
cheque amount on 23/03/2023, immediately after
the interim order passed by this Hon'ble court. On
receipt of the cheque amount the responsible officer
of respondent/complainant bank, Bhatkal has given
certificate that it will not press in C.C.No.19/2010.
Under such condition, since the matter has
been settled and responsible officer of the bank has
been issued a certificate dated 23/03/2023 that the
- 3 -
matter has been settled and it will withdraw the said
complaint.
WHEREFORE, it is humbly prayed that, this
Hon'ble
court
be
pleased
to
set-a-side
the
judgment/order
of
conviction
and
acquit
this
petitioner
in
criminal
appeal
No.170/2012
dt:20/07/2022 on the file of the 2nd Addl. District
and
session
judge,
Uttara
Kanada,
Karwar,
confirming the judgment of conviction order passed
by the learned prl Civil Judge and J.M.F.C. Bhatkal
in C.C.No.19/2010, dt: 17/11/2012 in the ends of
justice.”
3.
In the light of the settlement arrived at
between the parties and the fact that the offences are the
ones punishable under Section 138 of the N.I. Act, I deem
it appropriate to quash the proceedings against the
petitioner in accepting the settlement.
4.
For the aforesaid reasons, I pass the following:
ORDER
(i)
The criminal revision petition is hereby
allowed.
(ii)
judgment and order of conviction in Crl. A.
No.170/2012 by its order dated 20.07.2022
on the file of the II-Addl. District &
- 4 -
Sessions Judge, Karwar, Uttara Kannada,
which has confirmed the judgment of
conviction passed by the Court of Prl. Civil
Judge & JMFC, Bhatkal in C.C. No.19/2010,
dated 17.11.2012 is hereby quashed.
Sd
JUDGE
Vnp*
List No.: 3 Sl No.: 10
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
