Allowed

Smt. Ujwala W/O Kashinath Pednekar v. Mohandas Vittaldas Vernekar by His Lrs Vinaya

Karnataka HC2 Dec 2022CRL.RP/100386/2022

Case brief

AI extract

What is this about?

In a criminal revision petition under S. 397 r/w 401 Cr.P.C. challenging a conviction for cheque dishonour under S. 138 NI Act, the High Court of Karnataka dismissed the petition as the matter was settled out of court. The Court set aside the conviction and sentence and acquitted the petitioner.

What did the court decide?

The judgment of conviction, order of sentence dated 04.11.2019, and its confirmation order dated 02.12.2021 were set aside, and the petitioner was acquitted. The bail bond, if any, stands cancelled.

Smt. Ujwala W/O Kashinath Pednekar Vs Mohandas Vittaldas… — Cheque Dishonour | Karnataka HC (2022)

¶1

¶2

CRL.RP No. 100386 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2^ND DAY OF DECEMBER, 2022

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL REVISION PETITION NO. 100386 OF 2022

¶6

BETWEEN:

¶7

SMT. UJWALA W/O KASHINATH PEDNEKAR AGED ABOUT 42 YEARS, OCC. HOUSEWIFE R/O SONARWADA, POST BAAD, TQ. KARWAR, UTTAR KANNADA DIST. 581303

¶8

…PETITIONER

¶9

(BY SRI. SURESH S BHAT, ADVOCATE)

¶10

AND:

¶11

MOHANDAS VITTALDAS VERNEKAR BY HIS LRS VINAYA S/O MOHANDAS VERNEKAR AGE/A 35 YEARS, KAIKINI ROAD, KARWAR TALUK, UTTAR KANNADA DISTRICT 581303

¶12

…RESPONDENT

¶13

(BY SRI GANAPATI M.BHAT, ADVOCATE)

¶14

THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION IN CRIMINAL APPEAL NO.257/2019 BY ITS ORDER DATED 02.12.2021, ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, KARWAR, UTTARA KANNADA, WHICH HAS CONFIRMED THE JUDGMENT OF CONVICTION PASSED BY THE COURT OF THE JMFC 2 ND COURT, KARWAR IN CC NO.343/2014 ON 04.11.2019 BY CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE U/S 138 OF THE N.I. ACT, BY SENTENCED THE PETITIONER TO PAY A FINE OF RS.2,75,000/- AND IN DEFAULT OF PAYMENT OF FINE, PETITIONER SHALL FURTHER UNDERGO S.I. FOR 3 MONTHS, AND FURTHER ORDERED THAT OUT OF RS.2,75,000/- OF FINE AWARDED, RS.2,70,000/SHOULD BE PAID AS COMPENSATION TO THE COMPLAINANT/RESPONDENT U/S 357 OF CR.P.C., AND REMAINING AMOUNT OF RS.5,000/- SHOULD BE CREDITED TO THE ACCOUNT OF THE STATE, AND ACQUIT THE PETITIONER.

¶15

CRL.RP No. 100386 of 2022

¶16

¶17

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

¶18

ORDER

¶19

Sri. Ganapati M.Bhat, learned counsel undertakes to file Vakalath on behalf of the respondent. He is permitted to file Vakalath in the Registry within one week from today.

¶20

Learned counsel for the respective parties are present. They have filed a joint memo stating that, the matter is settled out of Court, which reads as follows:-

¶21

“This Criminal revision Petition is filed against the judgment and order passed in Crl.A.No.257/2019 dated 02.12.2021, on the file of the Principal District and Sessions Judge, Uttara Kannada, Karwar, confirming the judgment and order passed by the Court of J.M.F.C. 2^nd Court, Karwar, in CC No.343/2014 dated 04.11.2019. The parties to this Criminal Revision Petition have settled their claim on following terms:-

¶22

i) The petitioner(accused) has already paid and the respondent (complainant) has already to received a sum of Rs.2,70,000/- (Rs. Two

¶23

¶24

CRL.RP No. 100386 of 2022

¶25

Lakhs seventy thousand) by cash in full and final settlement of the claim.

¶26

ii) In the terms of Section 147 of the N.I.Act, offence can be compounded if the dispute has been amicably settled. Hence it is prayed that the judgment of conviction/sentence passed by the in the Court of J.M.F.C. 2^nd Court, Karwar, dated 04.11.2019 in CC No.343/2014 and which is confirmed by the Prl. Dist Judge, Uttara Kannada, Karwar in criminal appeal No.257/2019 dated 02.12.2021, further may please be set aside and acquitted the petitioner u/s 320(8) of Cr.P.C. in the interest of justice.

¶27

On perusal of the entire averments made in the joint memo, it appears that the matter is settled out of the Court. Today, parties are not present. Both the learned counsel submit that, at their risk, the matter may be closed in absence of the parties. Accordingly, the criminal revision petition is disposed off.

¶28

The judgment of conviction and order of sentence dated 04.11.2019 passed in CC No.343/2014 on the file of J.M.F.C., 2^nd Court, Karwar, and its confirmation order dated 02.12.2021 in Crl.A.No.257/2019 on the file of the Principal

¶29

¶30

CRL.RP No. 100386 of 2022

¶31

District and Sessions Judge, Karwar, Uttara Kannada are set aside.

¶32

The accused is acquitted for the offence punishable

¶33

under Section 138 of the Negotiable Instruments Act.

¶34

Bail bond executed, if any, stands cancelled.

¶35

Sd/JUDGE

¶36

VMB List No.: 1 Sl No.: 3

Smt. Ujwala W/O Kashinath Pednekar v. Mohandas Vittaldas Vernekar by His Lrs Vinaya

Case brief

What is this about?

What did the court decide?

Smt. Ujwala W/O Kashinath Pednekar v. Mohandas Vittaldas Vernekar by His Lrs Vinaya

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

Case details

Similar cases

Nagappa Yallappa Gotanavar Vs the State of Karnataka

Nagappa Yallappa Gotanavar Vs the State of Karnataka

Nagappa Yallapa Gotanavar Vs the State of Karnataka

Durgappa Vs the State by Psi

Manjula W/O. Kolibasappa Vs Kolibasappa @ Kolidoddabasappa

Girish S/O Shivarayappa Shetasanadi Vs Basavantappa S/O Adiveppa Daddikoppa