Allowed

Manjunath S/O Hanumanth Kolipuchha v. Geethappa Hanumanth Bhajantri

Karnataka HC14 Dec 2022CRL.RP/100080/2022

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Revision petition in a cheque dishonour case. The parties filed a joint affidavit confirming settlement out of court with compensation paid by the petitioner, leading to acquittal.

What did the court decide?

Criminal Revision Petition allowed; conviction and sentence set aside; accused acquitted; bail bonds cancelled; trial court directed to release deposited amount.

Manjunath S/O Hanumanth Kolipuchha Vs Geethappa Hanumanth… — Cheque Dishonour | Karnataka HC (2022)

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CRL.RP No. 100080 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH

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CRIMINAL REVISION PETITION NO. 100080 OF 2022

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BETWEEN:

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MANJUNATH S/O HANUMANTH KOLIPUCHHA AGED 51 YEARS OCC. BUSINESS AND AGRICULTURE, R/O. SIDDARAMESHWAR GALLI HALIYAL, TQ. HALIYAL DIST. U.K. KARWAR-581329.

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…PETITIONER

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(BY SRI. D K JADHAV.,ADVOCATE)

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AND:

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GEETHAPPA HANUMANTH BHAJANTRI AGE. 51 YEARS OCC. AGRICULTURE AND CONTRACTOR, R/O. SIDDARAMESHWAR GALLI HALIYAL TQ. HALIYAL, UK, KARWAR-581329

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…RESPONDENT (BY SRI. SANTHOSHGOUDA L.LINGANAGOUDAR, ADV.)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SEC. 397 R/W SEC. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE COURTS BELOW AND ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION CONFIRMED IN CRL. AP.NO. 5012/2021, DATED 23.12.2021, PASSED BY THE 1ST ADDL. DISTRICT AND SESSIONS JUDGE UK KARWAR SITTING AT SIRSI AND THE JUDGMENT AND ORDER OF CONVICTION PASSED IN C.C.NO.9/2018, DATED 20.02.2021, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, AT HALIYAL AND ACQUIT THE PETITIONER.

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CRL.RP No. 100080 of 2022

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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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Today, the matter is listed for admission.

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Sri. Santosh Gouda L.Linganagoudar, learned counsel undertakes to file Vakalath on behalf of the respondent – complainant.

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The parties and the learned counsel for the parties submitted that they have settled the matter out of Court and filing application for compromise.

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The learned counsel for the petitioner and learned counsel for the respondent have jointly filed an application under Section 147 of the Negotiable Instruments Act, 1881 r/w Section 320(6) and (8) of Criminal Procedure Code, 1973.

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Perused the joint application and the affidavits of the respective parties filed along with the joint application. The matter is settled between the parties in terms of the paragraphs No.2, 5 and 6 of the affidavit, which read as under:

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CRL.RP No. 100080 of 2022

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“2. I submit that, the above Petition is directed against the Judgment & Order dated 23.12.2021 passed in Criminal Appeal No. 5012/2021 on the file of the I Additional District & Sessions Judge, Karwar sitting at Sirsi confirming the Judgment & Order dated 20.02.2021 passed in CC No. 09/2018 on the file of Senior Civil judge and JMFC, Haliyal, wherein learned Magistrate has convicted me for the offence punishable under Section 138 of Negotiable Instruments Act.

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5. I submit that, myself and Respondent have settled the dispute with the mediation of wellwishers. Accordingly, the Respondent has agreed to accept an amount of Rs. 1,07,500/- (Rupees One Lakh -Seven Thousand five hundred Only) towards the claim of the Respondent in respect of loan transaction in entirety.

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6. Mode of Payment of Rs. 1,07,500/- is as under:

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a. I have deposited an amount of Rs.1,07,500/(Rupees One Lakh- Seven Thousand Five Hundred Only) before the Senior Civil judge and JMFC, Haliyal in CC No. 09/2018 at SL.No. 36/2022 and I have no objection for withdrawal of the same by the Respondent herein.

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CRL.RP No. 100080 of 2022

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The parties have settled the matter out of the Court

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and have jointly submitted an application to resolve the dispute amicably. This Court being satisfied with the cause shown and to encourage the parties to resolve the dispute amicably among themselves, allowed the petition filed by the parties. Consequently, the criminal revision petition is disposed off. Hence, the following:-

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ORDER

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i) The Criminal Revision Petition filed by the petitioner is disposed off.

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ii) The judgment of conviction and order of sentence dated 20.02.2021 passed by learned Senior Civil Judge and JMFC, Haliyal, in C.C.No.9/2018 and confirmed by the order dated 23.12.2021 passed by learned I Addl. District and Sessions Judge, U.K., Karwar sitting at Sirsi, in Crl.A.No.5012/2021 are set aside.

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iii) The accused is acquitted for the offence punishable under Section 138 of N.I.Act.

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iv) Bail bonds executed, if any, stands cancelled.

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CRL.RP No. 100080 of 2022

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v) The Trial Court is directed to release the amount in favour of complainant if the petitioner-accused deposits the amount in terms of the compromise, on proper identification.

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vi) The learned counsel for the petitioner has made available the receipt for having deposited the amount of Rs.1,07,500/-. The same is placed on record.

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Sd/JUDGE

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VMB List No.: 1 Sl No.: 54

Manjunath S/O Hanumanth Kolipuchha v. Geethappa Hanumanth Bhajantri

Case brief

What is this about?

What did the court decide?

Manjunath S/O Hanumanth Kolipuchha v. Geethappa Hanumanth Bhajantri

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

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