Manohar S/O. Chanabasappa Yalavatti vs Smt. Shantavva W/O. Rudrappa Agadi on 6 August, 2013

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Karnataka High Court

Manohar S/O. Chanabasappa Yalavatti vs Smt. Shantavva W/O. Rudrappa Agadi on 6 August, 2013

Bench: N.Ananda

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        IN THE HIGH COURT OF KARNATAKA
          CIRCUIT BENCH AT DHARWAD

  DATED THIS THE 06 t h DAY OF AUGUST, 2013

                     BEFORE

        THE HON'BLE MR.JUSTICE N.ANANDA

CRIMINAL REVISION PETITION No.2186 OF 2013

 BETWEEN:

       MANOHAR S/O. CHANABASAPPA YALAVATTI
       AGE: 72 YEARS, OCC: BUSINESS
       R/O. MANOHAR FLOOR MILL,
       NEAR VEGETABLE MARKET,
       TQ & DIST: HAVERI.
                                     ... PETITIONER
 (By Sri. V M SHEELVANT ADV.)

 AND:

       SMT. SHANTAVVA W/O. RUDRAPPA AGADI
       AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
       R/O. YALAKKI ONI, HAVERI
                                     ... RESPONDENT
 (By Sri. AMIRKHAN A PATHAN ADV.)

      THIS CRIMINAL REVISION PETITION IS FILED U/S
 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE
 ORDER DATED 23.03.2013 PASSED BY THE SESSIONS
 JUDGE, HAVERI, IN CRL.A.NO.19/2011 AND THE ORDER
 PASSED BY THE ADDL. CIVIL JUDGE & JMFC, HAVERI, IN
 C.C.NO.1123/2008 DATED 18.04.2011 FOR OFFENCES
                                :2:




P/U/S 138 OF NI ACT AND SET THE PETITIONER AT
LIBERTY.

      This revision petition coming on for Orders
this day, the Court made the following:

                           O R D E R

The petitioner (accused) and respondent (complainant) have filed an application under Section 320 of Cr.P.C. read with section 147 of the Negotiable Instruments Act, reading as hereunder:

"Herein, the advocate for the petitioner and respondent beg to submit compromise petition as under:

                 That          the          petitioner        and
           respondent         with     an     intervention      of
           elders      have        resolved     their    dispute
           amicably.       As per the terms of the
           compromise         the     petitioner      has     paid

Rs.65,000/- to the respondent towards full and final settlement of claim of the respondent in the above revision petition.

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W herefore it is prayed that, the Hon'ble Court be pleased to dispose of the matter as settled and set aside the conviction and sentence imposed by the Court below to meet ends of justice."

2. The parties have admitted the contents and execution of compromise petition. The compromise petition is accepted.

3. In view of the compromise petition filed by parties, the impugned judgment is set aside. The petitioner (accused) is acquitted of an offence punishable under Section 138 of the Negotiable instruments Act, 1881 in C.C. No.1123/2008 on the file of Addl.Civil Judge and JMFC, Haveri.

Sd/-

JUDGE RK/-

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