Accused convicted under Section 138 NI Act, conviction upheld in appeal, sought revision. Petitioner and complainant settled for Rs.4,48,000/- and filed a compounding application under Section 147 NI Act; court accepted it, set aside the conviction and appellate confirmation, acquitted the accused and cancelled his bail bond.
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NC: 2024:KHC-D:15811 CRL.RP No. 100319 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
CRIMINAL REVISION PETITION NO. 100319 OF 2023
(397(Cr.PC)/438(BNSS))
BETWEEN:
SHRI SATISH S/O. MANOHAR NAIK, AGE: 59 YEARS, OCC: BUSINESSMAN, R/O. MAJALI, KARWAR-581317.
…PETITIONER
(BY SRI. D.B. KARIGAR, ADVOCATE)
AND:
MANGALDAS S/O. SUBRAY KAMAT, AGE: 54 YEARS, OCC: PARTNER, R/O. VARAD ROADLINES, AVERSA, ANKOLA-581314.
MALLIKARJUN RUDRAYYA KALMATH
Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.11.05 11:18:20 +0530
…RESPONDENTS
(BY SRI. GIRISH A. YADAWAD, ADVOCATE FOR R1; SRI. JAIRAM SIDDI, HCGP FOR R2)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C. SEEKING
SESSIONS JUDGE, UTTARA KANNADA, KARWAR, IN ITS CRIMINAL APPEAL NO.118/2014 ON 31.03.2022 AND THEREBY CONFIRMED THE IMPUGNED JUDGMENT PASSED BY THE HON’BLE J.M.F.C. ANKOLA, IN ITS CRIMINAL CASE NO.237/2006 DATED 26.08.2014, FOR THE OFFENCES P/U/SEC. 138 OF N.I. ACT. VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
This petition is filed by the petitioner/accused
challenging the Judgment of conviction and order of sentence dated 26.08.2014 passed in Criminal Case No.237/2006 by the JMFC, Ankola (for short, ‘the trial Court’), whereby the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the N.I.Act’) and sentenced him to pay fine of Rs.4,54,000/- in default, shall undergo simple imprisonment for three months, out of fine amount, Rs.4,49,000/to be paid to respondent No.1/complainant as compensation. On challenge made by the petitioner/accused before the appellate Court in Criminal Appeal No.118/2014, the same came to be
dismissed confirming the Judgment and order of the trial Court, hence the petitioner/accused is before this Court questioning the concurrent findings of both Courts.
both parties. The said application is taken on board and accepted as same is permissible under Section 147 of the N.I.Act. Under the circumstances, there is no legal impediment in considering this application favorably. Accordingly, I pass the following :
ORDER
NC: 2024:KHC-D:15811 CRL.RP No. 100319 of 2023
acknowledges the receipt of Rs.4,48,000/- as
agreed towards full and final settlement,
which is paid by way of cheque and cash.
Ordered accordingly.
Sd/(PRADEEP SINGH YERUR) JUDGE
CKK CT-MCK List No.: 2 Sl No.: 5
1 issue framed by the court
Should the conviction under Section 138 NI Act stand after parties amicably compound the offence under Section 147 NI Act?
3 provisions across 2 enactments
Satish s/o Manohar Naik
Mangaldas s/o Subray Kamat
Mallikarjun Rudrayya Kalmath
The State of Karnataka
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
