Karnataka High Court allowed a criminal revision petition to set aside conviction and sentencing in a cheque dishonour case upon admission of a joint compromise petition filed by parties.
Impugned judgment and order set aside; petitioner acquitted under Section 138 of NI Act and released.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:10646 CRL.RP No. 100288 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 100288 OF 2021
(397-)
BETWEEN:
SRI. RAJENDRA S. WALI AGE. 57 YRS, OCC. BUSINESS, R/AT H. NO. 7, SANMARG COLONY, RADHAKRISHNA NAGAR, GOKUL ROAD, TQ. HUBBALLI, DIST. DHARWAD-580030.
…PETITIONER
(BY SRI. GOURI SHANKAR MOT. ,ADVOCATE)
AND:
Digitally signed by CHANDRASHEKARLAXMANKATTIMANI CHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.14 15:54:05 +0530
SHIVANAND S. PATIL AGE. 64 YRS, IOCC. AGRICULTURE, R/AT. MELGADE ONI, GOPANAKOPPA, TQ., HUBBALLI, DIST. DHARWAD-580029.
…RESPONDENT
(BY SRI.SHIVASHANKAR R AMBLI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR LCR AND SET ASIDE THE ORDER DATED 20.09.2021 PASSED BY THE 5 TH ADDITIONAL AND SESSIONS JUDGE COURT, DHARWAD, SITTING AT HUBBALLI IN CRL.A.NO.08/2021 BY CONFIRMING THE ORDER PASSED BY THE 2ND JMFC COURT AT HUBBALLI IN CC NO.2681/2015 DATED 18.12.2020.
NC: 2023:KHC-D:10646 CRL.RP No. 100288 of 2021
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the revision petitioner/accused
and respondent/complainant present.
Respondent/complainant is present.
It is submitted that the petitioner/accused is in judicial custody undergoing sentence imposed by the Trial Court. A joint compromise petition is filed under Section 147 of the Negotiable Instruments Act (‘NI Act’, for short) stating that the parties have settled the matter for Rs.2,25,000/as against the cheque amount of Rs.5,00,000/-. Respondent admits the compromise and that he has received a sum of Rs.2,25,000/- towards full and final settlement of entire claim. The terms of compromise are legal and equitable.
In the light of the settlement entered into between the parties, the impugned judgment and order dated 18.12.2020 in C.C.No.2681/201 on the file of the II JMFC, Hubballi, which is confirmed in Crl.A.No.8/2021 by the V
Addl.District and Sessions Judge, Hubballi, are hereby set aside. The petitioner/accused is acquitted for the offence punishable under Section 138 of NI Act. He shall be released forthwith, if his presence is not required in any other case.
Accordingly, Criminal Revision Petition is disposed of in terms of the compromise.
SD/JUDGE
RKM,KGK List No.: 1 Sl No.: 24
1 issue framed by the court
Whether a criminal revision petition under S. 397 CrPC 6.a be allowed to set aside the conviction and sentence in a cheque dishonour case due to a post-facto compromise.
3 provisions across 2 enactments
Sri. Rajendra S. Wali
Shivnand S. Patil
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
