Allowed

Sri. Ananthacharya S/O Shrikant Udupi v. Sri. Vishnukant S/O Naayanasa Dhongadi

Karnataka HC19 Jun 2019CRL.RP/100126/2018

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision petition under sec. 397 r/w 401 Cr.P.C. after accepting the memorandum filed under sec. 147 of the Negotiable Instruments Act. The court set aside the conviction orders passed by subordinate courts and acquitted the petitioner based on the settlement reached between parties.

What did the court decide?

Judgment of I Addl. District and Sessions Judge and judgment of III Addl. Civil Judge are set aside; accused is acquitted in terms of the compromise.

Sri. Ananthacharya S/O Shrikant Udupi Vs Sri. Vishnukant… — Cheque Dishonour | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF JUNE 2019

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BEFORE

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THE HON’BLE MR.JUSTICE B.A.PATIL

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CRIMINAL REVISION PETITION NO.100126/2018

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BETWEEN:

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SRI. ANANTHACHARYA S/O SHRIKANT UDUPI AGE: 55 YEARS, OCC: BUSINESS, R/O: TAMBUR VILLAGE, TQ: KALAGHATAGI, DIST: DHARWAD.

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... PETITIONER

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(BY SRI. MAHESH WODEYAR, ADVOCATE)

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AND:

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SRI. VISHNUKANT S/O NARAYANASA DHONGADI AGE: MAJOR, OCC: BUSINESS, R/O: GABBURGALLI, BHUSPETH CROSS, HUBBALLI.

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... RESPONDENT ---

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(BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 03.07.2017 PASSED BY THE I-ADDL. DIST. & SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI, IN CRL.A.NO.92/2014 AND ALSO THE JUDGMENT AND ORDER OF CONVICTION DATED 18.11.2014 PASSED BY THE III-ADDL. CIVIL JUDGE & JMFC COURT, HUBBALLI, IN C.C.NO.3436/2010 FOR THE OFFENCES P/U/S 138 OF NI ACT.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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: 2 :

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ORDER

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Learned counsel Sri. Vidyashankar G. Dalwai files Vakalath on behalf of the respondent/complainant.

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The accused/petitioner - Ananthacharya and respondent/complainant - Vishnukant are present before the Court. They have filed a memorandum of petition under Section 147 of the Negotiable Instruments Act for having compounding the offence.

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It is submitted by both the petitioner are

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respondent that, as per the advice of the elders the matter has been amicably settled between the parties and respondent agreed that he has already received Rs.70,000/- from the accused/petitioner in full and final settlement of the cheque amount and he has no objection for setting aside the order of conviction and disposing of the criminal petition. It is submitted by both the petitioner and respondent that they have voluntarily signed the said compromise petition. The

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: 3 :

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same has been endorsed by both the counsel appearing

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for the parties.

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By accepting the said compromise on record

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and in view of the settlement, the judgment of I Addl. District and Sessions Judge, Dharwad, sitting at Hubballi in Criminal Appeal No.92/2014 dated 03.07.2017 is set aside and consequently the judgment of conviction and order of sentence passed by the III Addl. Civil Judge and JMFC, Court, Hubballi in C.C.No.3436/2010 dated 18.11.2014 is also set aside

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and the accused is acquitted in terms of the compromise.

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I.A.1/2018 does not survive for consideration and

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the same is also disposed of.

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Sd/-

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JUDGE

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gab

Sri. Ananthacharya S/O Shrikant Udupi v. Sri. Vishnukant S/O Naayanasa Dhongadi

Case brief

What is this about?

What did the court decide?

Sri. Ananthacharya S/O Shrikant Udupi v. Sri. Vishnukant S/O Naayanasa Dhongadi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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