Back
2024 Supreme(Online)(KAR) 8998
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE ANIL B KATTI CRIMINAL REVISION PETITION NO. 100276 OF 2019 (397)
BETWEEN:
BASAVARAJ S/O GIRIMALLA SATIGOUDAR AGE: 47 YEARS, OCC: BUSINESS, R/O: BASAVAN GALLI, KILLA, GOKAK, TQ: GOKAK, DIST: BELAGAVI.
- PETITIONER (BY SRI MAHANTESH R PATIL, ADVOCATE)
AND:
ANAND S/O ISHWAR KELAGINAMATH AGE: 37 YEARS, OCC: BUSINESS, R/O: VIDYA NAGAR, GOKAK, TQ: GOKAK, DIST: BELAGAVI.
- RESPONDENT (BY SRI RAKESH S. HATTIKATAGI, ADVOCATE)
SAR OJA THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W HANGARAKI
401 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE XII-ADDL. DISTRICT & SESSIONS Digitally signed by SAROJA HANGARAKI JUDGE, BELAGAVI, SITTING AT GOKAK DATED 24.09.2019 IN CRL.
Date: 2024.03.01
10:07:18 +0530 A. NO.142/2019 WHEREIN HE HAS CONFIRMED THE ORDER PASSED BY THE PRL. CIVIL JUDGE & JMFC COURT, GOKAK, IN C.C. NO. 2730/2017 DATED 18.04.2019 AND ACQUIT THE PETITIONER FOR THE OFFENCES PUNISHABLE U/S 138 OF NI ACT.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri Mahantesh R. Patil, counsel for revision petitioner is present. Sri Rakesh S. Hattikatagi, counsel for respondent is present.
2. The parties have already submitted application on 27.11.2023 seeking permission of this court to compound the matter in terms of Section 147 of N.I. Act. This Court by order dated 27.11.2023 has recorded that the application is filed by both the parties seeking permission to compound the offence.
3. As per the terms of the compromise petition, money was required to be paid in three installments. The fine amount of Rs.10,000/- has already been deposited before the first appellate court at the time of admitting the appeal.
4. Learned counsel for the petitioner and respondent filed memo of payment dated 18.12.2023 for having paid the first installment of Rs.40,000/-. Similarly, second memo is filed on 19.01.2024 reporting payment of Rs.40,000/-. Both the counsel already filed memo dated 02.02.2024 for having paid the balance amount of Rs.35,000/-. Thus the fine amount as ordered by the trial court has been paid by the accused.
5. Counsel for respondent submits that accused has made payments as referred above in terms of the compromise petition. Hence, submission of both the counsel is accordingly recorded. The application filed u/S 147 of N.I. Act r/w Sec. 320 of Cr.P.C. is hereby allowed. Consequently, I proceed to pass the following order.
ORDER In view of accepting the joint compromise petition in terms of Sec. 147 of N.I. Act r/w Sec. 320 of Cr.P.C., the judgment of the trial court on the file of the Prl. Civil Judge & JMFC, Gokak in C.C. No. 273/2017 dated 18.04.2019 which is confirmed by XII Addl. Dist. & Sessions Judge, Belagavi sitting at Gokak in Crl. A. No. 142/2019 dated 24.09.2019 is hereby set aside.
Consequently, the accused is acquitted. Accordingly, revision petition is disposed off.
