Allowed

Nagappa S/O Ningappa Huchehappanavar v. Rajashekhara Alias Rajashekharayya S/O Basalingayyahalayyanavaramath

Karnataka HC5 Oct 2023CRL.RP/100354/2023

Case brief

AI extract

What is this about?

The Court allowed the criminal revision petition. It condoned a 96-day delay due to a joint affidavit. The conviction under Section 138 of the N.I. Act was set aside based on a compromise where the accused's wife paid the complainant.

What did the court decide?

Conviction and sentence in CC No. 693/2018 set aside; Petitioner acquitted of offence under Section 138 of N.I. Act.

Nagappa S/O Ningappa Huchehappanavar Vs Rajashekhara… — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC-D:11790 CRL.RP No. 100354 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF OCTOBER, 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. 100354 OF 2023

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BETWEEN:

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NAGAPPA S/O NINGAPPA HUCHEHAPPANAVAR, AGE: 46 YEARS, OCC: COOLIE, R/O: HOSA-HALASUR, TAL: SAVANUR, DIST: HAVERI-581118.

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…PETITIONER

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(BY SRI. PRUTHVI K. S, ADVOCATE)

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AND:

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RAJASHEKHARA @ RAJASHEKHARAYYA S/O BASALINGAYYA HALAYYANAVARAMATH, AGE: 40 YEARS, OCC: BUSINESS, R/O. M. G. ROAD, TAL & DIST: HAVERI-581110.

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…RESPONDENT

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CHANDRASHEKAR LAXMAN KATTIMANI

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2023.10.06 10:39:27 +0530

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(BY SRI. CHETAN MUNNOLLI, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397(1) R/W 401 OF CR.P.C, PRAYING THIS COURT TO, CALL FOR RECORDS, ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER DATED 06.10.2022 IN CRIMINAL CASE NO. 693/2018 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, HAVERI AND CONFIRMED BY THE JUDGMENT AND ORDER DATED 20.02.2023 IN CRIMINAL APPEAL NO. 90/2022 ON THE FILE OF ADDL. CRIMINAL APPEAL NO. 90/2022 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI AND ACQUIT THE REVISION PETITIONER.

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

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2 - NC: 2023:KHC-D:11790 CRL.RP No. 100354 of 2023

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ORDER

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Sri. Chetan Munnoli, learned counsel submits that today he has filed vakalath for respondent in the filing counter.

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Both the petitioner and respondent are present and their respective counsel are also present.

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Order on I.A.No.1/2023

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Heard and perused the records.

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Accepting the reasons assigned in the affidavit filed in support of application, delay of 96 days in filing petition is condoned. Accordingly, I.A.No.1/2023 is allowed.

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Joint application is filed under Section 147 of the Negotiable Instruments Act, (for short, “N.I. Act” ) and read with Section 320 (6) and (8) of the Criminal Procedure Code, 1973, (for short, “Cr.P.C”) along with affidavit of petitioner and respondent. The certified copy of the order sheet in C.C.No.693/2018 is also produced. The order sheet dated 03.10.2023 reflect that wife of the accused has paid Rs.99,000/- to the complainant and he

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3 - NC: 2023:KHC-D:11790 CRL.RP No. 100354 of 2023

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has received the same. Remaining Rs.1,000/- is paid by

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way of fine to the State.

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This revision petition is filed by the accused challenging his conviction and sentence in C.C.No.693/2018, whereby he is sentenced to pay fine of Rs.1,00,000/- for the offence punishable under Section 138 of N.I. Act. The said order was carried in Criminal Appeal No.90/2022 by the accused which came to be dismissed. Against the said order, this revision petition is filed.

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In the light of the compromise, I proceed to pass the following:

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ORDER

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The criminal revision petition is allowed in

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terms of compromise.

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The impugned judgment and order of conviction in C.C.No.693/2018 dated 06.10.2022, on the file of the Additional Civil

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NC: 2023:KHC-D:11790 CRL.RP No. 100354 of 2023

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Judge and JMFC, Haveri, which is confirmed in Criminal Appeal No.90/2022 dated 20.02.2023, on the file of the Additional District and Sessions Judge, FTSC-I, Haveri, is set aside.

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Petitioner/accused is acquitted of the offence punishable u/sec.138 of N.I. Act.

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Sd/JUDGE

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AC List No.: 1 Sl No.: 22

Nagappa S/O Ningappa Huchehappanavar v. Rajashekhara Alias Rajashekharayya S/O Basalingayyahalayyanavaramath

Case brief

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Nagappa S/O Ningappa Huchehappanavar v. Rajashekhara Alias Rajashekharayya S/O Basalingayyahalayyanavaramath

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