Dismissed

Anandgouda S/O Shivangoiuda Bengeri v. Anandaswamy S/O Sanganabasayyaswami Hiremath

Karnataka HC6 Feb 2024CRL.RP/100105/2020

Case brief

AI extract

What is this about?

Criminal Revision petition challenging conviction under Section 138 of the NI Act. Petitioner filed compromise application under Section 147 of the Act. Court allowed the application, permitted compounding, set aside conviction, and granted acquittal due to settled dispute and payment of compensation.

What did the court decide?

Petitioner acquitted; conviction and sentence set aside; application under Section 147 of the NI Act allowed; parties permitted to compound offence; petitioner allowed to withdraw deposited amounts.

Anandgouda S/O Shivangoiuda Bengeri Vs Anandaswamy S/O… — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC-D:2560 CRL.RP No. 100105 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100105 OF 2020 (397)

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BETWEEN:

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ANANDGOUDA S/O. SHIVANGOUDA BENGERI, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: Y. S. HADAGALI VILLAGE, TQ: RON, DIST: GADAG, PINCODE-582202.

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…PETITIONER

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(BY SRI. SHIVASAI M. PATIL, ADVOCATE)

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AND:

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ANANDASWAMY

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S/O. SANGANABASAYYASWAMI HIREMATH, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: BELAVANAKI, TQ: RON, DIST: GADAG, PINCODE-582202.

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…RESPONDENT

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Digitally signed by SUJATA SUBHASH PAMMAR

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Date: 2024.02.14 13:16:04 +0530

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(BY SRI RAKESH M. BILKI, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND THE SENTENCE ORDER DATED 29/01/2020 PASSED BY THE 1^ST ADDL. PRL. FAMILY COURT, GADAG IN CRIMINAL APPEAL NO.57/2018 AND CONFIRMING THE JUDGMENT AND ORDER DATED 05/10/2018 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC COURT, RON IN CC NO.506/2018 AND ACQUIT THE PETITIONER / ACCUSED FOR THE PLEA AND CHARGE LEVIED AGAINST HIM FOR OFFENCE PUNISHABLE U/SEC. 138 NI ACT.

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

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2 - NC: 2024:KHC-D:2560 CRL.RP No. 100105 of 2020

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ORDER

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This criminal revision petition under Section 397

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read with Section 401 of Cr.P.C. is filed by the petitioner challenging the judgment and order of conviction and sentence passed by the Court of the Senior Civil Judge and JMFC, Ron in C.C.No.506/2018 dated 05.10.2018 and the judgment and order passed by the Court of the I Addl.Principal Family Court, Gadag in Crl.Appeal No.57/2018 dated 29.01.2020, wherein he has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’) and sentenced to pay fine of Rs.1,00,000/- and in default to undergo imprisonment for a period of 1 year.

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Learned counsel for the parties at inception submits that the dispute between the parties has been amicably settled and they have filed application under Section 147 of the NI Act with a prayer to permit the parties to compound the offence for which the petitioner has been convicted and sentenced by the trial Court.

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3 - NC: 2024:KHC-D:2560 CRL.RP No. 100105 of 2020

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The application filed by the parties under

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Section 147 of the NI Act is taken on record. The same is signed by the learned advocates and also by the respective parties who are identified by their respective learned advocates.

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In the application in paragraphs 3 and 4, it is

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stated as follows:

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“3. It is submitted that the respondent has agreed to receive an amount of Rs.75,000/- towards full and final settlement in respect of the complaint filed by him. Out of the said amount of Rs.75,000/-, an amount of Rs.50,000/- is paid by cash to the respondent a year back and a sum of Rs.25,000/- is paid by cash to the respondent on 29.01.2024. The respondent hereby acknowledges receipt of the said amount by way of cash.

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4. It is further submitted that the petitioner has deposited a sum of Rs.5000/- before the trial Court in CC No.506/2018 on the file of the Senior Civil Judge and JMFC, Ron and a sum of Rs.25,000/before the Court of the Principal Family Court, Gadag in Crl.Appeal No.57/2018 in pursuance of the order of the Courts. It is agreed that the said amount of Rs.5000/- and Rs.25,000/- deposited before the

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4 - NC: 2024:KHC-D:2560 CRL.RP No. 100105 of 2020

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Courts below shall be withdrawn by the petitioner. The parties request this Hon’ble Court to pass necessary orders to both the Trial Court and First Appellate Court to release the amount deposited before them in favour of the petitioner herein. There respondent herein agrees for the same.”

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5. Considering the fact that the dispute between

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the parties is settled amicably and towards full and final settlement of the dispute, the respondent/complainant has received a total sum of Rs.75,000/- in cash from the petitioner, I am of the view that the parties are required to be permitted to compound the offence for which the petitioner has been convicted and sentenced by the Courts below. Accordingly, the following:

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ORDER

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The prayer made in the application filed under

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Section 147 of the NI Act by the parties is allowed.

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The parties are permitted to compound the offence punishable under Section 138 of the NI Act for which the petitioner has been convicted by the Courts below.

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5 - NC: 2024:KHC-D:2560 CRL.RP No. 100105 of 2020

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Consequently, the judgment and order of conviction and sentence passed by the Courts below is set aside and the petitioner is acquitted of the offence punishable under Section 138 of the NI Act.

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As per the terms of the application, the petitioner is permitted to withdraw the amount of Rs.30,000/- which is deposited by him before the trial Court during the pendency of the case.

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Revision petition accordingly stands disposed of.

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Sd/JUDGE

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List No.: 1 Sl No.: 24

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KGK

Anandgouda S/O Shivangoiuda Bengeri v. Anandaswamy S/O Sanganabasayyaswami Hiremath

Case brief

What is this about?

What did the court decide?

Anandgouda S/O Shivangoiuda Bengeri v. Anandaswamy S/O Sanganabasayyaswami Hiremath

Case brief

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What did the court decide?

What the court decided

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