Remanded

Sri.K.P.Hombaradi General v. Sri.Malakappa S/O Sannappa Gulannanavar

Karnataka HC9 Jul 2020CRL.RP/100062/2020

Case brief

AI extract

What is this about?

In a dispute over a cheque dishonour case, the High Court of Karnataka, Dharwad Bench, disposed of a criminal revision petition filed under Section 147 of the N.I. Act read with Section 320 and 482 Cr.P.C. The court noted that the parties had amicably settled the dispute with the petitioner paying the full claim amount. Relying on this compromise, the High Court allowed the application, set aside

What did the court decide?

Conviction order in C.C. No.259/2016 and judgment in Criminal Appeal No.63/2018 set aside; petitioner set at liberty.

Sri.K.P.Hombaradi General Vs Sri.Malakappa S/O Sannappa… — Cheque Dishonour | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF JULY, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR CRIMINAL REVISION PETITION NO.100062/2020

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BETWEEN:

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SRI K.P.HOMBARADI GENERAL MERCHANTS AND COMMISSION AGENTS APMC YARD BYADGI, REP. BY ITS PROPRIETOR KRISHNAPPA S/O PARAMESHWARAPPA HOMBARADI, AGE: 54 YEARS, OCC: BUSINESS, R/O GUMMANAHALLI VILLAGE, TQ: BYADGI, DIST: HAVERI-581106.

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... PETITIONER

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(BY SRI S.M.KALWAD, ADVOCATE) AND

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SRI MALAKAPPA S/O SANNAPPA GULANNAVAR, AGE: 72 YEARS, OCC: AGRICULTURE, R/O: KURUBAGERI, SOPPINAPETHE, RANEBENNUR, DIST: HAVERI-581115.

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... RESPONDENT

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(BY SRI PRUTHVIRAJ P.HITTALAMANI, ADV.)

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THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W SEC.401 OF CR.P.C., FOR SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 20/12/2019 MADE IN CRL. APPEAL NO.63/2018 PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE AT HAVERI (SITTING AT RANEBENNUR) THEREBY CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 21/03/2018

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MADE IN C.C.NO.259/2016 PASSED BY THE COURT OF ADDL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT.

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

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ORDER

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The complainant, accused and their

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respective counsels have filed application under Section 147 of N.I. Act read with Section 320 and 482 Cr.P.C.

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It is submitted that the respondent had filed a complaint under Section 138 of N.I. Act for dishonour of cheque. The said case was registered as C.C.No.259/2016. The learned JMFC passed an order convicting the petitioneraccused for the offence punishable under Section 138 N.I. Act and imposed the sentence. The petitioner preferred the appeal against the said order, which was numbered as Criminal

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Appeal No.63/2018. The learned II Additional District and Sessions Judge, Haveri sitting at Ranebennur dismissed the appeal confirming the order passed in C.C.No.259/2016 convicting the accused.

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Being aggrieved by the said order, the petitioner-accused has preferred the present criminal revision petition.

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Both the petitioner-accused and respondent-complainant have amicably settled their dispute as per the advice of the elders. The accused has paid a sum of Rs.2,52,632/- in cash towards full and final settlement of the claim of the complainant-respondent. Thus, the respondent has agreed for compounding the case.

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On enquiry, both counsels submitted that the parties have voluntarily entered into

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compromise and have agreed for the terms stated in the compromise petition. In view of the compromise, the respondent-complainant has no objection for allowing the appeal and setting aside the impugned orders under challenge.

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In view of the submission of the learned counsel, application is allowed. Consequently, the judgment and order of conviction dated 20.12.2019 passed in Criminal Appeal No.63/2018 by the learned II Additional District and Sessions Judge, Haveri sitting at Ranebennur confirming the order of conviction and sentence dated 21.03.2018 passed in C.C.No.259/2016 by the Additional Senior Civil Judge and J.M.F.C., Ranebennur are set aside.

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The petitioner-accused is set at liberty if he is not required in any other case.

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The Registry is directed to issue intimation

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of release to the concerned prison forthwith.

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SD/JUDGE

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CLK

Sri.K.P.Hombaradi General v. Sri.Malakappa S/O Sannappa Gulannanavar

Case brief

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Sri.K.P.Hombaradi General v. Sri.Malakappa S/O Sannappa Gulannanavar

Case brief

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What did the court decide?

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Statutes considered

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