Allowed

Shri.Shivanand v. Shri.Mohan Ghatigeppa Kothiwale

Karnataka HC18 Aug 2023CRL.RP/100112/2016

Case brief

AI extract

What is this about?

In a compromise, this Court set aside the conviction and sentence under Section 138 NI Act. The judgment of the lower appellate court confirming the conviction was also quashed, and the accused was acquitted. Deposited amounts were directed to be released to the parties.

What did the court decide?

Conviction and sentence set aside; accused acquitted; deposited amounts directed to be released to parties.

Shri.Shivanand Vs Shri.Mohan Ghatigeppa Kothiwale — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC-D:9174 CRL.RP No. 100112 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO. 100112 OF 2016 (397)

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BETWEEN:

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SHRI.SHIVANAND S/O. MURGEPPA HATTI, AGE: 56 YEARS, OCC: BUSINESS, R/O: IIIRD CROSS, VIVEKANAND NAGAR, GOKAK, DIST: BELAGAVI.

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…PETITIONER (BY SRI G.B.NAIK AND SMT P. G. NAIK, ADVOCATES)

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AND:

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SHRI MOHAN GHATIGEPPA KOTHIWALE, AGE: 52 YEARS, OCC: BUSINESS, R/O: PLOT NO.124, SECTOR NO.40, HANUMAN NAGAR, BELAGAVI.

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…RESPONDENT (BY SRI SHREEVATSA S. HEGDE, ADVOCATE)

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ROHAN HADIMANI T

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Digitally signed by ROHAN HADIMANI T Date: 2023.08.26 14:02:07 -0700

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THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W SEC.401 OF CR.P.C., SEEKING THAT THE JUDGMENT AND ORDER DATED 23/04/2016 PASSED IN CRIMINAL APPEAL NO.104/2015 BY THE XITH ADDL. DISTRICT & SESSIONS JUDGE, BELAGAVI DISMISSING THE APPEAL AND THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 07.07.2015 PASSED IN C.C.NO.735/2009 BY THE JMFC IV, BELAGAVI FOR THE OFFENCE U/S. 138 N.I.ACT BE KINDLY SET ASIDE AND CONSEQUENTLY THE REVISION PETITIONER BE KINDLY ACQUITTED.

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

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NC: 2023:KHC-D:9174 CRL.RP No. 100112 of 2016

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ORDER

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Both side counsels are present before the Court and submitted their Joint Memo dated 18.08.2023, same is placed on record.

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In the said memo, dated 18.08.2023 it is stated as

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under :

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“JOINT MEMO REPORTING SETTLEMENT

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“Herein the memo on behalf of the revision petitioner and respondent is as under:

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That in the top noted revision petitioner and respondent have amicably settled the matter and in view of the same, the amount in deposit being a sum of Rs.75,000/- (Seventy Five Thousand Only) which is already in deposit before the lower appellate Court as well as this Hon’ble Court may be ordered to be released in favour of the respondent herein and this Hon’ble Court may kindly set aside the order of conviction and sentence passed by the Trial Court in C.C.No.735/2009 dated 07.07.2015 by the J.M.F.C..-IV Court, Belagavi and confirmed by the learned XII Additional District and Sessions Judge, Belagavi in Crl.Appeal No.104/2015 dated 23.04.2016 for the offence under Section 198 of N.I.Act.

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Hence, the memo.”

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3 - NC: 2023:KHC-D:9174 CRL.RP No. 100112 of 2016

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In view of joint memo filed by both counsels, the Judgment of conviction and order of sentence passed in Criminal Case No.735/2009 dated 07.07.2015 by the JMFC-IV, Belagavi (for short, ‘the Trial Court) and the same is confirmed by the XI Additional District and Sessions Judge, Belagavi (for short, ‘the lower appellate Court’) in Criminal Appeal No.104/2015 dated 23.04.2016 are set aside. Accused-Shivanand Murigeppa Hatti is acquitted.

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The respondent is permitted to withdraw the amount deposited before the lower appellate Court.

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Registry to release the amount of Rs.35,000/- with

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accrued interest, if any in favour of respondent forthwith in accordance with relevant acts and rules.

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The Trial Court is also directed to release the deposited amount of Rs.40,000/- with accrued interest, if any in favour of respondent/complainant in accordance with relevant acts and rules.

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4 - NC: 2023:KHC-D:9174 CRL.RP No. 100112 of 2016

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Registry is directed to send the copy of this order along with trial Court records to the concerned trial Court as well as lower appellate Court for taking necessary steps after withdrawal of the amount.

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In terms of the joint memo, case is disposed off.

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SD JUDGE

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CKK

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List No.: 1 Sl No.: 20

Shri.Shivanand v. Shri.Mohan Ghatigeppa Kothiwale

Case brief

What is this about?

What did the court decide?

Shri.Shivanand v. Shri.Mohan Ghatigeppa Kothiwale

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

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