Hanamanth S/O Vithalappa Gachinamani v. Jakkappa S/O Laxman Mendigeri

Karnataka HC5 Mar 2025CRL.RP/100002/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench; CRL.RP No. 100002 of 2023 (397(CR.PC)/438(BNSS)); decided 05-03-2025 by V. Srishananda, J.; Hanamanth s/o Vithalappa Gachinamani v. Jakkappa s/o Laxman Mendigeri; Section 138 NI Act conviction (C.C. No. 937/2017, Jamkhandi) confirmed in Crl. Appeal No. 5038/2021; dispute compounded via joint memo; revision petition disposed; cheque Rs. 3,00,000; fine Rs. 3,50,000; settlement Rs. 2,50,000 (Rs. 1,25,000 cash + Rs. 1,25,000 in 30 days); liberty to execute impugned order on default.

What did the court decide?

Revision petition disposed of by placing the joint memo/compromise petition on record, permitting the parties to compound the proceedings; in case of non-compliance with the joint memo, the complainant is at liberty to execute the impugned order. ¶¶42

Hanamanth S/O Vithalappa Gachinamani Vs Jakkappa S/O… — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC-D:4281 CRL.RP No. 100002 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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CRIMINAL REVISION PETITION NO. 100002 OF 2023 (397(CR.PC)/438(BNSS))

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BETWEEN:

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HANAMANTH S/O. VITHALAPPA GACHINAMANI, AGE: 45 YEARS, OCC. CONTRACTOR/ AGRICULTURE, R/O. HULYAL VILLAGE, TQ. JAMAKHANDI, DIST. BAGALKOTE-587301.

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…PETITIONER

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(BY SRI B.G. INDI, ADVOCATE FOR SRI K.L. PATIL, ADVOCATE)

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AND:

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JAKKAPPA S/O. LAXMAN MENDIGERI, AGE: 53 YEARS, OCC. CONTRACTOR/ AGRICULTURE, R/O. KADAPATTI, TQ. JAMAKHANDI, DIST. BAGALKOTE-587119.

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…RESPONDENT

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Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA

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(BY SRI PRASHANT S. KADADEVAR, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND ALLOW THIS REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER DATED 20.10.2022 PASSED IN CRIMINAL APPEAL NO. 5038/2021 BY I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, SITTING AT JAMKHANDI AND ALSO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 07.10.2021 PASSED IN C.C.NO.937/2017 BY ADDL. CIVIL JUDGE AND JMFC COURT, JAMKHANDI AND THEREBY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:4281 CRL.RP No. 100002 of 2023

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Parties are present with their respective Advocates.

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Compromise petition is filed by both the parties, signed by the parties and their respective Advocates. Compromise petition reads as under:

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“1. It is submitted that, the Respondent/Complainant had filed a private complaint before the learned Addl. Civil Judge and JMFC Court, Jamakhandi in C.C. No. 937/2017 against the Petitioner/Accused for the offence of 138 of NI Act in respect of dishonour of one cheque bearing No. 199143 drawn on Axis Bank, Jamakhandi Branch for sums of Rs. 3,00,000/- for encashment through his Axis Bank, Jamakhandi Branch.

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2. It is submitted that, the C.C. No. 937/2017 on the file of the learned Addl. Civil Judge and JMFC Court, Jamakhandi came to be allowed and thereby the Petitioner/Accused was convicted by judgment and order of conviction and sentence dated 07/10/2021. The Petitioner/Accused was convicted to pay a fine amount of Rs. 3,50,000/-, and in default of

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NC: 2025:KHC-D:4281 CRL.RP No. 100002 of 2023

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payment of fine, he shall undergo simple imprisonment for a period of one year for the offence punishable under Section 138 of NI Act. And subsequently the Petitioner preferred criminal appeal challenging the judgment and order of conviction and sentence of the trial Court before the I Addl. District and Sessions Judge, Bagalkote, Sitting at Jamakhandi in Crl. Appeal No. 5038/2021, the learned District and Sessions Judge also dismissed the appeal filed by the Petitioner/Accused and confirmed the judgment and order of conviction and sentence dated 07/10/2021 passed by the learned Addl. Civil Judge and JMFC Court, Jamakhandi in C.C. No. 937/2021.

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3. It is submitted that, being aggrieved by the judgment and order of conviction and sentence passed by the Trial Court as well as the dismissal judgment and order of the first Appellate Court the Petitioner/Accused has preferred the Criminal Revision Petition before this Hon'ble Court.

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4. It is submitted that, with the intervention of elders and well wishers of the Petitioner as well as the Respondent, the Petitioner and Respondent have agreed to amicably settle

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NC: 2025:KHC-D:4281 CRL.RP No. 100002 of 2023

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the dispute between them by compounding the present proceedings. In view of the said fact, the present compromise is being entered into on following terms and conditions:

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a. The Petitioner/Accused has agreed to pay a sum of Rs. 2,50,000/to the Respondent/Complainant. And the Respondent also agreed to receive the said amount.

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b. The Respondent/Complainant hereby acknowledges the receipt of Rs. 1,25,000/- by way of cash from the Petitioner/Accused.

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c. The remaining balance amount of Rs. 1,25,000/- is to be paid within a period of 30 days from today. In case of failure the Respondent/Complainant may proceed with the case, with permission of this Hon'ble Court.

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d. The Respondent/Complainant also hereby agrees that, the Criminal Revision Petition No. 100002/2023 filed by the Petitioner may kindly be disposed off as settled between the parties.

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NC: 2025:KHC-D:4281 CRL.RP No. 100002 of 2023

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Wherefore, this Hon'ble High Court may kindly be pleased to permit the Petitioner and Respondent to compound the present proceedings by accepting the present Compromise Petition and acquit the Petitioner/Accused by setting aside the judgment and order of conviction and sentence dated 07/10/2021 passed by Addl. Civil Judge and JMFC Court, Jamakhandi in C.C. No. 937/2017 and also set aside the subsequent judgment and order dated 20/10/2022 passed by the learned I Addl. District & Sessions Judge, Bagalkote, Sitting at Jamakhandi in Crl. Appeal No. 5038/2021, in the interest of justice and equity.”

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Placing the joint memo on record, revision petition stands disposed of.

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In case if there is no compliance of contents of joint memo, complainant is at liberty to execute the impugned order.

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Sd/(V.SRISHANANDA) JUDGE

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CT:PA/LIST NO.: 2 SL NO.: 20

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Hanamanth S/O Vithalappa Gachinamani v. Jakkappa S/O Laxman Mendigeri

Case brief

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Hanamanth S/O Vithalappa Gachinamani v. Jakkappa S/O Laxman Mendigeri

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