Allowed

Parashuram S/O. Hanamant Latur v. Shanthanandkumar S/O. Gurabasappa Angadi

Karnataka HC2 Feb 2023CRL.RP/100219/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a Criminal Revision Petition filed under Section 397 and 401 CrPC. The court accepted a compromise petition filed under Section 147 NI Act regarding accrued interest and set aside the impugned conviction and confirmation judgment, acquitting the petitioner.

What did the court decide?

Impugned judgment confirmed on conviction dated 04.10.2019 and Crl.A.No.89/2019 dated 03.08.2021 are set aside; petitioner acquitted; Trial Court directed to release Rs.56,250 balance.

Parashuram S/O. Hanamant Latur Vs Shanthanandkumar S/O… — Cheque Dishonour | Karnataka HC (2023)

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CRL.RP No. 100219 of 2021

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL REVISION PETITION NO. 100219 OF 2021

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BETWEEN:

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PARASHURAM S/O. HANAMANT LATUR AGE. 38 YEARS, OCC. AGRICULTURE, R/O. APMC ROAD, ADJACENT TO MODERN DAIRY, NANDGAON ROAD, MAHALINGAPUR, TQ. MUDHOL, DISTRICT. BAGALKOTE-587312.

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…PETITIONER

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(BY SRI D.M.MALLI, ADVOCATE.)

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AND:

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SHANTHANANDKUMAR S/O. GURABASAPPA ANGADI AGE. 38 YEARS, OCC. DOCTOR, R/O. MAHALINGAPUR, TQ. MUDHOL, DISTRICT. BAGALKOTE- 587312.

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…RESPONDENT

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(BY SRI M.C.HUKKERI, ADVOCATE.)

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Digitally signedby SUJATASUBHASHPAMMAR Location: HIGHCOURT OFKARNATAKA,DHARWADBENCH,DHARWAD.

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(1) READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973, SEEKING TO SET ASIDE THE ORDER OF CONVICTION DATED 04.10.2019, IN C.C.NO.1/2016, BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL, AND CONFIRMATION JUDGMENT DATED 03.08.2021, IN CRL.APPEAL NO.89/2019, BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE, TO SIT AT JAMKHANDI, FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881, ETC.,.

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CRL.RP No. 100219 of 2021

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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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The accused-revision petitioner and complainantrespondent are present. Respective counsels are also present. An application under section 147 of the Negotiable Instruments Act, 1881, is filed reporting that the parties have settled the dispute amicably for a sum of Rs.2,00,000/- and out of that Rs.1,43,750/- is paid to the complainant-respondent today and the amount deposited before the Trial Court to the tune of Rs.56,250/- is required to be received by the respondent herein, who is the complainant before the trial Court.

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The contents of the compromise petition are read over and explained to the parties and they admit the contents to be true and correct. I am satisfied that parties have settled the dispute amicably without any threat or coercion for a sum of Rs.2,00,000/- which is said to have

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been received to some extent before this Court and balance is to be received out of the deposit made before

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CRL.RP No. 100219 of 2021

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the Trial Court. Hence, compromise petition filed by the parties under section 147 of the Negotiable Instruments Act, 1881, is accepted.

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The revision petition is allowed in terms of the compromise petition.

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a) The impugned judgment dated 04.10.2019, passed by the learned Prl. Senior Civil Judge and JMFC, Mudhol, in C.C.No.1/2016, and confirmed in Crl.A.No.89/2019, vide judgment dated 03.08.2021, passed by learned I Addl. District and Sessions Judge, Bagalkote, sitting at Jamakhandi, are set aside.

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b) The accused-revision petitioner herein stands acquitted of the charges levelled against him.

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c) Send a copy of this order to the Trial Court.

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d) The Trial Court is directed to release the

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amount of Rs.56,250/- deposited before it in favour of the complainant-respondent herein.

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CRL.RP No. 100219 of 2021

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e) The compromise petition shall be part of this

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order.

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Sd/JUDGE

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MRK List No.: 1 Sl No.: 21

Parashuram S/O. Hanamant Latur v. Shanthanandkumar S/O. Gurabasappa Angadi

Case brief

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Parashuram S/O. Hanamant Latur v. Shanthanandkumar S/O. Gurabasappa Angadi

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