Allowed

Vivek S/O Karibasappa Kotekar v. Naveen S/O Rajaram Hegde

Karnataka HC22 Sept 2023CRL.RP/100237/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal revision petition. It set aside the conviction and sentence under Section 138 of the Negotiable Instruments Act, acquitting the petitioner due to a settlement and payment of the fine amount.

What did the court decide?

Petitioner acquitted; impugned judgment and order set aside; respondent permitted to withdraw deposited fine.

Vivek S/O Karibasappa Kotekar Vs Naveen S/O Rajaram Hegde — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC-D:11081 CRL.RP No. 100237 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI

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CRIMINAL REVISION PETITION NO. 100237 OF 2022

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BETWEEN:

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VIVEK S/O KARIBASAPPA KOTEKAR, AGE: 43 YEARS, OCC: PROPRIETOR M/S. TRAVEL NET, R/O. SHOP NO.113, LOWER GROUND FLOOR, IT PARK, HOSUR, HUBBALLI-580021.

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…PETITIONER

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(BY SRI. K. B. SHIVAKUMAR, ADV. FOR SRI. C. N. HARLAPUR, ADVOCATE)

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AND:

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Digitally signed by CHANDRASHEKARLAXMANKATTIMANI CHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.23 16:37:06 +0530

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NAVEEN S/O RAJARAM HEGDE, AGE: 37 YEARS, OCC: PRIVATE SERVICE, R/O. MIDMAC 7TH AVENUE, SILVER TOWN, GOKUL ROAD, HUBBALLI-580030.

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…RESPONDENT

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(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., PRAYING THIS COURT TO, SETTING ASIDE THE JUDGMENT DATED 02.07.2022 IN CRIMINAL APPEAL NO.5048/2022 OF 1ST APPELLATE COURT, 1ST ADDITIONAL HON’BLE DISTRICT SESSIONS JUDGE COURT, DHARWAD, SITTING AT HUBBALLI AND ORDER DATED 01.04.2022 PASSED IN C.C NO.2030/2021 OF JMFC 3RD COURT, HUBBALLI AND PRAYS FOR ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT AND CALL FOR ENTIRE RECORDS IN CRIMINAL APPEAL

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2 - NC: 2023:KHC-D:11081 CRL.RP No. 100237 of 2022

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NO.5048/2022 OF 1ST APPELLATE COURT, 1ST ADDITIONAL DISTRICT SESSIONS JUDGE COURT, DHARWAD SITTING AT HUBBALLI AND IN CC NO.2030/2021 OF JMFC 3RD COURT, HUBBALLI.

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

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ORDER

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Both petitioner/accused and respondent/complainant

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are present. Both counsel representing them are also present.

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Respondent/complainant reports receipt of

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Rs.3,00,000/-.

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Learned counsel for respondent/complainant submitted that Rs.3,00,000/- is deposited before the trial Court on 18.08.2022 and thereby the entire fine amount is paid.

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Application under Section 147 of Negotiable Instruments Act is filed with a prayer to set aside the judgment of conviction and sentence. It is duly signed by both the petitioner/accused and respondent/complainant and their respective counsel.

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3 - NC: 2023:KHC-D:11081 CRL.RP No. 100237 of 2022

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In the light of the settlement between the parties, the following:

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ORDER

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The criminal revision petition is allowed.

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The impugned judgment and order dated 01.04.2022 in C.C. No.2030/2021 on the file of JMFC-III, Hubballi and order dated 02.07.2022 in Criminal Appeal No.5048/2022 on the file of I Additional District and Sessions Judge, Dharwad are set aside.

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

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The respondent/complainant is permitted to withdraw the amount in deposit before the trial Court.

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RKM

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Sd/JUDGE

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List No.: 1 Sl No.: 29

Vivek S/O Karibasappa Kotekar v. Naveen S/O Rajaram Hegde

Case brief

What is this about?

What did the court decide?

Vivek S/O Karibasappa Kotekar v. Naveen S/O Rajaram Hegde

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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