Allowed

Sri. Paramesha Naik v. Sri. Kalya Naik Somla Naik

Karnataka HC17 Oct 2022CRL.RP/100358/2022

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision petition and the application for compounding under Section 138 of the Negotiable Instruments Act. Relying on the settled dispute and payment made by the petitioner, the court quashed the conviction, set aside the sentence, and acquitted the petitioner.

What did the court decide?

The revision petition is allowed; conviction and sentence are set aside; petitioner is acquitted; bail bonds cancelled.

Sri. Paramesha Naik Vs Sri. Kalya Naik Somla Naik — Cheque Dishonour | Karnataka HC (2022)

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CRL.RP No. 100358 of 2022

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 17^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL REVISION PETITION NO. 100358 OF 2022

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BETWEEN:

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SRI. PARAMESHA NAIK S/O CHANDYANAIK ALIAS CHAND NAIK, AGE. 56 YEARS, OCC. AGRICULTURIST, R/O. KALLAHALLI THANDA, HANASI POST @ HANSI POST, H.B.HALLI TALUK, BALLARI DISTRICT NOW VIJAYANAGARA DISTRICT-583212

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..…PETITIONER

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(BY SRI. T HANUMAREDDY, ADVOCATE)

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AND:

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SRI. KALYA NAIK SOMLA NAIK AGE. 46 YEARS, OCC. AGRICULTURIST, R/O. NAGALAPURA THANDA, H.B.HALLI TALUK, BALLARI DISTRICT, NOW VIJAYANAGARA DISTRICT-583212

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..…RESPONDENT

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SUJATA SUBHASH PAMMAR Digitally signed by SUJATASUBHASH PAMMAR Location: HIGH COURT OFKARNATAKA, DHARWADBENCH, DHARWAD.Date: 2022.10.28 15:34:56+0530

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

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THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.PC. SEEKING TO CALL FOR RECORDS IN CC NP. 59/2012 ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C. H.B. HALLI DATED 24.03.2017 AND THE RECORDS ON THE FILE OF 3RD ADDITIONAL DISTRICT AND SESSION JUDGE, BALLARI SITTING AT HOSAPETE IN CRIMINAL APPEAL NO. 5017/2017 DATED 04.12.2021 AND ALLOW THIS REVISION PETITION CONSEQUENTLY SET ASIDE THE CONVICTION AND SENTENCE PASSED IN C.C.NO. 59/2012 ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C. H.B.HALLI DATED

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CRL.RP No. 100358 of 2022

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24.03.2017 IN CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE U/SEC. 138 OF NI ACT AND SENTENCING TO UNDERGO SIMPLE IMPRISONMENT OF 1 YEAR AND TO PAY SUM OF RS.4,00,000/- ID UNDERGO SI FOR 3 MONTHS AND SET ASIDE JUDGMENT OF CONVICTION AND SENTENCE IN CRIMINAL APPEAL NO. 5017/2017 DATED 04.12.2021 ON THE FILE OF 3RD ADDITIONAL DISTRICT AND SESSION JUDGE, BALLARI SITTING AT HOSAPETE AND ACQUIT THE PETITIONER. ACCUSED FROM ALL THE CHARGES.

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

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ORDER

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The Revision petitioner and the respondent along with their respective counsels are present before this Court.

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Sri Kalya Naik S/o. Somla Naik-respondent has filed affidavit stating that the dispute is settled amicably and the petitioner has paid a sum Rs.3,90,000/- to him. He acknowledges the receipt of the amount.

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Perused the affidavit filed by the respondent.

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Para 2 of the said affidavit is extracted herein under:

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CRL.RP No. 100358 of 2022

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“2. That the petitioner being aggrieved by the judgment of conviction and sentence passed by the learned 3^rd Additional District and Session Judge, Ballari sitting at Hosapete in Criminal Appeal NO.5017/2017 dated 04/12/2021 in dismissing the appeal consequently confirming the judgment of conviction and order of sentence passed in C.C.No.59/2012 on the file of the learned Civil Judge and J.M.F.C., H.B.Halli in convicting the petitioner for offence punishable u/s 138 of NI Act and sentencing to undergo simple imprisonment for 1 year and to pay fine of Rs.4,00,000/and out of which sum of Rs.3,90,000/- is ordered to be paid to me and sum of Rs10,000.- to be forfeited to the state. It is submitted that the now the petitioner and myself have settled the dispute amicably at the advice of the elders of the both the villagers and family members and the petitioner and myself are the close relatives and the petitioner has paid sum of Rs.3,90,000/- by cash and I received the same and I have no objection to allow the application for compounding of offence.”

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Affidavit filed by the respondent is taken on

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record.

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CRL.RP No. 100358 of 2022

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Petitioner has filed I.A.No.3/2022 under Section

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147 of Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as ‘the Act’) seeking permission to compound the offence.

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Heard on I.A.No.3/2022.

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Perused the averments made in the application.

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Being satisfied with the averments made in the

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application, I.A.No.3/2022 is allowed. Permission is granted to compound the office.

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In the light of the above observations, the revision petition is allowed. The judgment of conviction and order of sentence dated 24.03.2017 in C.C.No.59/2012 on the file of Civil Judge & JMFC, Hagaribommanahalli and order dated 04.12.2021 in Crl.A.No.5017/2017 on the file of III Additional District and Sessions Judge, Ballari (sitting at Hospete) are set aside. Consequently, the accused is acquitted for the offence punishable under Section 138 of the Act.

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CRL.RP No. 100358 of 2022

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The bail bonds, if any, executed by the accused

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stands cancelled.

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In view of the settlement arrived at between the parties, I.A.No.2/2022 for suspension of sentence does

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not survive for consideration.

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Sd/JUDGE

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NAA List No.: 1 Sl No.: 5

Sri. Paramesha Naik v. Sri. Kalya Naik Somla Naik

Case brief

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Sri. Paramesha Naik v. Sri. Kalya Naik Somla Naik

Case brief

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