Sri Laxmikant S/O Hanamantrao Deshapande Vs Sri Patreppa S/O Hanamant Murgod

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W. 442 OF BNSS, SEEKING TO ADMIT THE PETITION AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF CONVICTION DATED 15.11.2024 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE BAGALKOTE SITTING AT JAMKHANDI IN CRIMINAL APPEAL NO.5036/2023 AND ALSO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE PRL.SENIOR CIVIL JUDGE AND JMFC MUDHOL IN C.C.NO.573/2021

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2 - NC: 2025:KHC-D:4190 CRL.RP No. 100018 of 2025

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DATED 05.07.2023 SENTENCING THE PETITIONER TO PAY FINE OF RS.3,00,000/- IN DEFAULT OF PAYMENT OF FINE HE SHALL UNDERGO SIMPLE IMPRISONMENT FOR PERIOD OF SIX MONTHS FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND ACQUIT THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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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. 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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“Herein the petitioner and the respondents submitting this Joint Compromise petition since the matter between them is amicably settled and arrived for settlement as under.

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It is submitted that the petitioner herein is convicted for the offence punishable U/Sec 138 of Negotiable Instruments Act in CC No.573/2021 by the court of Prl. Senior Civil Judge & JMFC Mudhol on 05.07.2023 and sentenced him to pay fine of Rs.3,00,000/- and in default of payment of fine to undergo SI for six months. Out of fine amount Rs.2,95,000/shall be paid to the respondents as compensation and Rs 5,000/- is remitted to the state.

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2. The petitioner herein preferred appeal challenging the judgment and order of conviction passed by the trial court in Criminal Appeal No. 5036/2023 on the file of I Addl District and Sessions Judge Bagalkot sitting at Jamakhandi, but appellate court dismissed the petitioner's Criminal Appeal No. 5036/2023 on 15.11.2024 and confirmed the judgment and sentence passed by the trial court.

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3 - NC: 2025:KHC-D:4190 CRL.RP No. 100018 of 2025

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3. The petitioner herein preferred the present petition challenging the judgments and order of conviction passed by the trial court and the appellate court. It is humbly submitted that above mentioned parties have settled their dispute by intervention of elders and decided to compromise the case before this Hon'ble court. Hence this compromise petition.

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4. It is submitted that the petitioner and respondents have settled the case for Rs.1,75,000/- (One Lakh Seventy Five Thousand Only) in full and final settlement of the claim.

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5. The petitioner herein paid Rs. 1,75,000/- (One Lakh Seventy Five Thousand Only) to respondents by cash before elders. The respondents admitted that they have received Rs. 1,75,000/(One Lakh Seventy Five Thousand Only) by cash before elders.

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The petitioner herein has deposited Rs.78,750/- (Seventy eight thousand seven hundred fifty only) before the trial court on 08.08.2023 as per order of appellate court. The petitioner herein is at liberty to withdraw Rs.78,750/(Seventy eight thousand seven hundred fifty only) deposited before the trial court and the respondents have no objection for the same.

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7. The parties also submit that to this compromise petition they have voluntarily arrived and the same is without any coercion or fraud and the parties after going through the contents have signed hereto.

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8. The respective parties have agreed to bear their own costs of the case.

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Wherefore the Hon'ble Court be pleased to accept this compromise petition and set aside the impugned judgment and order of conviction and sentence passed in by the Prl Senior Civil Judge and JMFC Mudhal in C C No.573/2021 dated 05.07.2023 and the judgment passed in I Addi District and Sessions Judge Bagalkot Sitting at Jamkhandi in Criminal Appeal No. 5036/2023 dated 15.11.2024 thereby acquit the petitioner/accused and also direct the trial court to refund the amount Rs. 78,750/- (Seventy eight thousand seven hundred fifty only) to petitioner herein in the interest of justice.”

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4 -

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NC: 2025:KHC-D:4190 CRL.RP No. 100018 of 2025

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

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Amount in deposit is ordered to be returned to the accused/revision petitioner under due identification as the entire agreed amount has been paid by the accused to the

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complainant.

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SD/(V.SRISHANANDA) JUDGE

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KAV CT:PA LIST NO.: 2 SL NO.: 23

Sri Laxmikant S/O Hanamantrao Deshapande v. Sri Patreppa S/O Hanamant Murgod

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Sri Laxmikant S/O Hanamantrao Deshapande v. Sri Patreppa S/O Hanamant Murgod

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