Karnataka High Court
Mahesh S/O Giddappa Waddar @ Vaddar vs Ishwar S/O Gurappa Srikol on 13 September, 2017
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COU RT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 13 T H DAY OF SEPTEMBER 2017
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL REVISIO N PETITION NO .100226/2017
BETWEEN:
MAHESH S/O GIDDAPPA WADDAR @ VADDAR
AGE: 43 YEARS , OCC: INTERIOR DES IGNER,
R/O: PLO T NO.97, 1 S T F LOOR,
R.P KANAVAKAL BLDG,
NEAR MITRA VISH AL PARK,
VIDYANAGAR, HUBBALLI-31,
DIST: DHARWAD.
... PETITIONER
(BY SRI VIJAYENDRA BHIMAKKANAVAR, ADVOCA TE.)
AND:
ISHWAR S/O GURAPPA SRIKOL
THE PARTNER OF SHRI SHAKTHI S TEELS ,
AGE: MAJOR, OCC: BUS INESS,
R/O. NEAR MOORSAVIRMATH ,
TADAPATHRI ONI, HUBBALLI-31,
DIST: DHARWAD.
... RESPONDENT
(BY SRI G S MOT, ADVOCATE.)
THIS CRIMINAL REVIS ION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF CR.P.C.,
SEEKING TO SET ASIDE THE JUDGMENT DATED 08.07.2017,
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IN CRIMINAL APPEAL NO. 16 OF 2013, ON TH E FILE O F THE
COURT OF I AD DL. DIS TRICT AND SESSIONS JUDGE,
DHARWAD, SITTING AT HUBBALLI A ND SO ALSO SET ASIDE
THE JUDGMENT AND ORDER OF CONVICTION DATED
31.12.2012 IN C.C.NO. 2238 OF 2008 PASSED BY THE
COURT OF III ADDL. CIVIL JUDGE (JR.DN.) AND JMFC,
HUBBALLI, IN CONVICTING THE ACCUSED/ REVISION
PETITIONER HEREIN FOR THE OFFENCES PUNISH ABLE
UNDER SECTION 138 OF NEGO TIA BLE INS TRUMENTS ACT
AND GRANTING COMPENSATION UNDER SECTION 357(3) OF
CR.P.C., AND TH E PETITIONER BE ACQUITTED O F THE
ALLEGED OFFENCES, ETC.,.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner and also the respondent are present. Learned counsels appearing on both sides are present. Parties have filed an application under Section 147 of the Negotiable Instruments Act, 1881 read with Section 320 and 401 of Cr.P.C., seeking permission for compounding the offence punishable under Section 138 of the N.I.Act. The said application is signed by the petitioner and the respondent, so also their respective counsels. When the respondent-complainant is enquired, he made submission that the revision petitioner agreed to give the demand draft for a sum of 3 Rs.15,00,000/- (Fifteen Lakh Rupees) and today he has given the demand draft for a sum of Rs.15,00,000/- (Fifteen Lakh Rupees). It is submitted by both the sides that the amount as suggested by this Court has been already paid by way of demand draft and hence the parties may be permitted to compound the offence.
2. Perusing the contents of the application and as the matter is settled between the parties, the application is allowed, parties are permitted to compound the offence. In view of the compromise, the judgment and order of conviction passed by the trial Court and the confirmation order passed by the first appellate Court are hereby set aside. The revision petitioner-accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
3. The learned counsel appearing for the petitioner filed a memo along with the original receipt issued by the Section Officer, Legal Services 4 Committee, High Court Bench at Dharwad. The said receipt shows that an amount of Rs.25,000/- is paid towards the Legal Service Committee. The same is placed on record. Accordingly, this revision petition stands disposed of.
4. Since the main matter itself is disposed of, the application at I.A.No.1/2017 will not survive for consideration. Accordingly the same also stands disposed of.
Sd/-
JUDGE Mrk/-