Allowed

Ramanagoudar S/O. Sanaganagouda Patil v. Basanagouda S/O. Mallikarnunagouda Patil

Karnataka HC16 Feb 2021CRL.RP/100007/2020

Case brief

AI extract

What is this about?

The court allowed a Criminal Revision Petition filed under Section 397 Cr.P.C. by the accused. Upon acceptance of a joint compromise application between the parties, the conviction and sentence under Section 138 of the Negotiable Instruments Act were set aside, and the petitioner was acquitted. The high court directed the release of deposited money to the complainant.

What did the court decide?

The judgment of conviction and sentence was set aside; the petitioner was acquitted; bail bond cancelled; money deposited by petitioner was directed to be released to the respondent.

Ramanagoudar S/O. Sanaganagouda Patil Vs Basanagouda S/O… — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF FEBRUARY, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE K. NATARAJAN

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CRIMINAL REVISION PETITION NO.100007/2020

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BETWEEN:

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RAMANAGOUDA S/O.SANGANAGOUDA PATIL, AGE-53 YEARS, OCC-AGRICULTURE, R/O. BALOOTAGI, TQ-KUSHTAGI, DIST-KOPPAL

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...PETITIONER

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(BY SRI SADIQ N. GOODWALA, ADVOCATE)

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AND:

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BASANAGOUDA S/O.MALLIKARJUNAGOUDA PATIL, AGE-60 YEARS, OCC-CONTRACTOR, R/O.WARD NO.2, JOSHI GALLI, ILKAL, TQ-HUNAGUNDA, DIST-BAGALKOT-587 125.

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…RESPONDENT

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(BY SRI. B.S.SANGATI, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. SECTION 401 OF CR.P.C. SEEKING TO ALLOW THE CRIMINAL REVISION PETITION BY SETTING ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE IN C.C.NO.513/2014 DATED 11.10.2018 ON THE FILE OF CIVIL JUDGE AND JMFC, KUSHTAGI BY CONFIRMING THE CRIMINAL APPEAL NO.45/2018 ON THE FILE OF DISTRICT AND SESSIONS JUDGE, KOPPAL DATED 21.10.2019 IN THE INTEREST OF JUSTICE AND EQUITY.

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

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ORDER

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This revision petition is filed by the petitioner/accused under Section 397 of Cr.P.C. for setting aside the Judgment of conviction and sentence passed by the Civil Judge and J.M.F.C., Kushtagi (for short ‘the trial Court’) in Criminal Case No.513/2014 dated 11.10.2018 for the offence punishable under Section 138 of Negotiable Instruments Act and the same was upheld by the District and Sessions Judge, Koppal (for short ‘the first appellate Court’) in Criminal Appeal No.45/2018 dated 21.10.2019.

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During pendency of the petition, both the counsel for petitioner as well as respondent present along with their respective parties and filed joint compromise application under Section 147 of Negotiable Instruments Act read with Section 320 of Cr.P.C.

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Both petitioner and respondent are present and submits

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as per the compromise terms that the petitioner is agreed to pay 6,00,000/- to the respondent towards full and final settlement. Out of 6,00,000/-, 3,30,000/- paid through demand draft dated 16.12.2020 and cash of 70,000/- paid and remaining amount of

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`2,00,000/- is already deposited before the trial Court in compliance of the order passed by the appellate Court, same shall be receivable by the respondent/complainant from the trial Court.

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Both parties admit the contents of compromise application. Compromise is in accordance with law. Hence, same is accepted.

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In view of the compromise or settlement arrived between the parties, the application is allowed. The Judgment passed by the trial Court convicting the petitioner and upheld by the appellate Court are hereby set aside. Petitioner is hereby acquitted for the offence punishable under Sections 138 of the Negotiable Instruments Act.

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The bail bond of accused stands cancelled.

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The trial Court is directed to release `2,00,000/- in favour of respondent/complainant after due identification.

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Sd/JUDGE

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CKK

Ramanagoudar S/O. Sanaganagouda Patil v. Basanagouda S/O. Mallikarnunagouda Patil

Case brief

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Ramanagoudar S/O. Sanaganagouda Patil v. Basanagouda S/O. Mallikarnunagouda Patil

Case brief

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What did the court decide?

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