Allowed

Basavanand S/O Shankareppa Jitti v. Vijaykumar S/O Channappa Malbasari

Karnataka HC22 Feb 2024CRL.RP/100202/2022

Case brief

AI extract

What is this about?

The High Court disposed of a Criminal Revision Petition filed under Section 397 Cr.P.C. to set aside convictions for cheque dishonour. On the admission day, the parties filed a compromise petition settling the dispute, resulting in the petitioner's acquittal and permission to compound the offence subject to payment of the balance settlement amount.

What did the court decide?

Conviction and sentence set aside; Petitioner acquitted; Parties permitted to compound the offence under Section 138 of the Negotiable Instruments Act subject to payment of the balance settlement amou

Basavanand S/O Shankareppa Jitti Vs Vijaykumar S/O… — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC-D:4316 CRL.RP No. 100202 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 FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL REVISION PETITION NO. 100202 OF 2022 (397)

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BETWEEN:

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BASAVANAND S/O SHANKAREPPA JITTI AGE: 45 YEARS, OCC: BUSINESS, R/O. MAHALINGAPUR TALUKA. MUDHOL, DISTRICT. BAGALKOT-587313.

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…PETITIONER

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(BY SRI SRINIVAS B. NAIK, ADVOCATE)

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AND:

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VIJAYKUMAR S/O CHANNAPPA MALBASARI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. MAHALINGAPUR, TALUKA. MUDHOL, DISTRICT. BAGALKOT-587313.

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…RESPONDENT

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.23 10:18:36 +0530

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(BY SRI M.C.HUKKERI, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W SEC. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE COURTS BELOW AND ALLOW THIS REVISION PETITION AND SET-ASIDE THE JUDGMENT AND ORDER DATED 07.04.2022 PASSED IN CRIMINAL APPEAL NO.60/2020 ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING AT JAMKHANDI AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 01.10.2020 PASSED IN CC NO.331/2017 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC MUDHOL, FOR THE OFFENCE PUNISHABLE U/SEC. 138 OF N.I. ACT, AND THEREBY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SEC. 138 OF THE N.I.ACT.

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2 - NC: 2024:KHC-D:4316 CRL.RP No. 100202 of 2022

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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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This revision petition under Section 397 of Cr.P.C. is filed with a prayer to set aside the judgment and order of conviction and sentence passed by the Court of the Principal Senior Civil Judge and JMFC, Mudhol, in C.C.N.331/2017 dated 01.10.2020 and the judgment and order passed in Crl.Appeal No.60/2020 by the I Additional District and Sessions Judge, Bagalkot, to sit at Jamkhandi, dated 07.04.2022.

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Learned counsel for the parties at the inception, submits that, the dispute between the parties has been amicably settled during the pendency of this revision petition and the parties have filed a compromise petition under Section 320 of Cr.P.C. and Section 147 of the Negotiable Instruments Act with a prayer to permit them to compound the offence for which the petitioner has been convicted and sentenced by the trial Court. They submit

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3 - NC: 2024:KHC-D:4316 CRL.RP No. 100202 of 2022

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that settlement between the parties is voluntarily without

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there being any coercion and undue influence.

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The application is taken on record. The same is signed by the learned counsel for the parties and also by the parties who are present before the Court and identified

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by their learned counsels. Paras 6 and 7 of the compromise petition reads as follows:

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“6. It is submitted that, both the petitioner and the Respondent by the intervention of the elders have amicably settled the entire dispute among themselves in CC No 331/2017, and also among Mr Arvind Channappa Malabasari and Smt. Maitradevi B Davangere i.e., in CC No 332/2017, and in also in respect of Agreement of Sale dated 21/07/2012 in respect of house property, entered between the father of the petitioner i.e., Shankarappa Kallappa Jitti and the Respondent herein Vijaykumar Channappa Malabasari.

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7. It is submitted that, both the petitioner and the respondent herein want to end the issue peacefully as per terms and conditions mentioned below:

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A. It is agreed by the Respondent that he has conveyed the settlement to his brother i.e., Arvind Channappa Malabasari, about one time settlement in respect of present proceedings in CC No.331/2017 and also in respect of two other transactions i.e., proceedings in CC No. 332/2017 and in respect of Agreement of Sale dated

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NC: 2024:KHC-D:4316 CRL.RP No. 100202 of 2022

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21/07/2012, executed by father of the petitioner in favour of the Respondent herein. The brother of the Respondent has readily accepted the said proposal of one time settlement and is also willing to put an end to the dispute.

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B. It is agreed by the petitioner that, the petitioner shall pay a sum of Rs 12,00,000/- (Twelve Lakh Rupees) towards full and final settlement of the claims in CC No 331/2017 and CC No 332/2017 on the file of Principal Senior Civil Judge, Mudhol, in respect of Cheque bearing No. 003001 dated 21/09/2016 and in respect of Cheque bearing No 049033 dated 21/09/2016 and in respect of Agreement of Sale dated 21/07/2012 executed by the father of petitioner. The respondent and his brother have accepted the said proposal and are ready to accept a sum of Rs.12,00,000/- (Twelve Lakh Rupees) in respect of CC No 331/2017 and CC No 332/2017 on the file of Principal Senior Civil Judge, Mudhol, in respect of Cheque bearing No. 003001 dated 21/09/2016 and in respect of Cheque bearing No. 049033 dated 21/09/2016 and in respect of Agreement of Sale dated 21/07/2012 executed by the father of petitioner towards full and final settlement. Further, the respondent and his brother have no claim whatsoever as regard to above transactions.

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C It is agreed by the respondent, that his brother Arvind Chanappa Malabasari will withdraw the CC No 332/2017 on the file of Principal Senior Civil Judge and JMFC, Mudhol filed against Smt. Maitradevi B Davangere.

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NC: 2024:KHC-D:4316 CRL.RP No. 100202 of 2022

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D. It is agreed by the Respondent that, he shall undertake to execute a cancellation deed in respect of agreement of sale dated 21/07/2012 executed by the Shankarappa Kallappa Jittiin favour of the Respondent herein i.e., Vijaykumar Channappa Malabasari, in respect of House property situated at Mahalingapur town bearing CTS No 92/A/1/A in ward No 4 of Kudari Galli.

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E. It is agreed by the Respondent that, himself and his brother don't have any claim whatsoever in respect of the loan transaction, and the respondent has agreed to return the cheque of Axis Bank, Saidapur Branch, cheque pertaining to Mahalingapur Urban Co-operative Bank, Mahalingapur, and two blank bonds for a sum of Rs 100/- and Rs.200/- respectively.

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F. It is submitted that, by virtue of interim order granted by this Hon'ble Court, the petitioner herein has deposited a sum of Rs 6,00,000/(Six Lakh Rupees) before the Trial court. The petitioner has agreed that he shall pay the remaining balance amount of Rs.6,00,000/- (Six Lakh Rupees) through Demand Draft in favour of Respondent within 4 months from this day. The petitioner has no objection to withdraw the amount by the respondent.

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G. It is submitted that, if the petitioner fails to pay the amount within 4 months, the compounding application would automatically get terminated and respondent is at liberty to revive the proceedings”

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Since the parties have come forward to report

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the settlement in the matter with a prayer to permit them

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6 - NC: 2024:KHC-D:4316 CRL.RP No. 100202 of 2022

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to compound the offences, I am of the view that the parties are required to be permitted to compound the offence punishable under Section 138 of the Negotiable Instruments Act 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 revision petition is disposed of interms of the compromise petition filed today by the parties.

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

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Consequently, the judgment and order of conviction and sentence passed by the Court of Principal Senior Civil Judge and JMFC, Mudhol, in C.C.N.331/2017 dated 01.10.2020, confirmed in Crl.Appeal No.60/2020 by the I Additional District and Sessions Judge, Bagalkot, by judgment and order dated 07.04.2022, are set aside.

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7 - NC: 2024:KHC-D:4316 CRL.RP No. 100202 of 2022

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The petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. The respondent-complainant is permitted to withdraw the amount deposited by the petitioner before the Trial Court.

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The petitioner has undertaken to pay the balance amount of Rs.6,00,000/- within four months from today. In the event the petitioner does not comply the said undertaking given in the compromise petition and if he fails to pay the balance amount of Rs.6,00,000/- to the respondent-complainant within the aforesaid period of four months, respondent is at liberty to seek revival of this order.

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Sd/JUDGE

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VMB CT:GSM List No.: 1 Sl No.: 30

Basavanand S/O Shankareppa Jitti v. Vijaykumar S/O Channappa Malbasari

Case brief

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Basavanand S/O Shankareppa Jitti v. Vijaykumar S/O Channappa Malbasari

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