Karnataka High Court
Sri. V.Gangadhar vs Sri.A.R.Srinivas on 4 March, 2020
Author: K.Somashekar
Bench: K.Somashekar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2020
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL REVISION PETITION NO. 293 OF 2020
BETWEEN
Sri.V.Gangadhar
S/o Venkataramanappa,
Aged about 48 years,
R/at Lakshmivenkateshwara Bldg,
1st Cross, Near Royal Motors Showroom,
Malur Town-563130.
Also R/at Agrahara Hosahalli,
Hungenahalli Post, Kasaba Hobli,
Malur Taluk, Kolar District-563130.
... Petitioner
(By Sri. Ananda R.V., Advocate)
AND
Sri.A.R.Srinivasa
S/o Ramakrishnappa,
Aged about 45 years,
R/at Abbenahalli Village,
Kasaba Hobli,
Malur Taluk,
Kolar District-563130.
... Respondent
(By Sri. R.V.Shivananda Reddy, Adv.,)
This Criminal Revision Petition is filed u/s 397 read with
401 of Cr.P.C praying to set aside the judgment of conviction
and order of sentence dated 18.09.2017 passed by the Prl. Civil
Judge and JMFC, Malur in C.C.No.243/2014 and order dated
22.09.2018 passed in Crl.A.No.42/2017 on the file of the
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1st Addl. Sessions Judge at Kolar and to acquit the petitioner for
the offence punishable under Section 138 of N.I.Act.
This Criminal Revision Petition coming on for orders, this
day, the Court made the following:
ORDER
This petition is slated for consideration of I.A.No.1/2020 for condonation of delay of 432 days in preferring the criminal revision petition to challenge the judgment rendered by the First Appellate Court in Crl.A.No.42/2017 dated 22.09.2018, whereby the appeal is dismissed confirming the judgment of conviction and order of sentence rendered by the trial Court in C.C.No.243/2014 dated 18.09.2017 for the offence punishable under Section 138 of N.I. Act.
2. In the meanwhile, the learned counsel, Sri.Shivananda Reddy for the respondent has filed an application under Section 147 of N.I. Act read with Section 320(2)(8) accompanying affidavit enclosing Adhar Card, Pan Card, DL and voter ID Card of the respondent. Whereas, the learned counsel for the petitioner has filed a certified copy of the sworn statement of wife of the petitioner by name Smt. Bhagyamma.
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3. After perusing the same, they are found to be comparatively similar. It is stated in the compromise petition as well as sworn statement of the petitioner's wife that the respondent has filed a case against the petitioner in C.C.No.243/2014 for the offence punishable under Section 138 of N.I.Act. The trial Court in its order dated 18.09.2017 has convicted the petitioner and sentenced him to under go simple imprisonment for a period of one year and to pay fine of Rs.4,10,750/-. Aggrieved by the said judgment, the petitioner preferred criminal appeal in Crl.A.No.42/2017 on the file of the 1st Addl. Sessions Judge, Kolar and the same was dismissed on 22.09.2018. After dismissal of the appeal, the trial Court has issued the FLW and NBW against the petitioner. Consequently, the petitioner was arrested on 10.02.2020 and remanded to judicial custody. Due to the intervention of the elders and well- wishers of both families, they have compromised the above case for Rs.1,70,000/- out of Rs.4,10,750/-. Out of Rs.1,70,000/-, Rs.1,00,000/- has been paid to the respondent through RTGS from Karnataka Grameena Bank, Malur dated 26.02.2020 and remaining balance of Rs.70,000/- has been paid by way of :4: cash. As such, the petitioner and the respondent have settled the dispute amicably and the respondent has no objection to allow the above petition. Lastly, the petitioner and respondent pray to allow the above petition by setting aside the judgment of conviction and order of sentence passed in C.C.No.243/2014 dated 18.09.2017 by the Prl. Civil Judge and JMFC, Malur and judgment and order in Crl.A.No.42/2017 dated 22.09.2018 passed by the I Addl. District and Sessions Judge at Kolar and to acquit the petitioner and released him from judicial custody for the offence punishable under Section 138 of N.I.Act.
4. In view of the compromise petition filed under Section 147 of N.I. Act read with Section 320 (2) (8) of Cr.P.C. and sworn statement filed by the wife of the Petitioner, I proceed to pass the following:
ORDER The application filed under Section 147 of N.I. Act read with Section 320 (2) (8) of Cr.P.C. seeking compromise, is hereby allowed. Consequently, the judgment of conviction and order of sentence dated 18.09.2017 passed by the Prl. Civil Judge and JMFC at Malur and confirmed by the 1st Addl. :5: Session Judge at Kolar in Crl.A.No.42/2017 dated 22.09.2018, is hereby set aside.
The accused by name Gangadhar who is in judicial custody in Parappana Agrahara, Bengaluru is acquitted for the offence punishable under Section 138 of N.I. Act.
The accused shall be set at liberty forthwith, if he is not required in any other case.
The Registry to communicate this order to the concerned Superintendent of Jail Authorities where the accused is lodged, for compliance.
In view of disposal of the main petition, I.A.No.1/2020 for condonation of delay is allowed. I.A.No.2/2020 for suspension of sentence and bail does not survive for consideration. Accordingly, it is rejected.
Sd/-
JUDGE JS/-