Mrs. B Sunitha Vs S N Constructions

THIS CRIMINAL REVISION PETITION IS FILED U/S.438 R/W. 442 OF BNSS, SEEKING TO CALL FOR RECORDS IN C.C.NO. 1687/2020 ON THE I ADDL. CIVIL JUDGE AND J.M.F.C. DHARWAD AND CRIMINAL APPEAL NO.26/2024 FROM THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD AND SET-ASIDE THE JUDGMENT PASSED BY THE COURT OF I-ADDL. CIVIL JUDGE AND J.M.F.C. DHARWAD IN C.C.NO.1687/2020 DATED 03.02.2024 CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND ALSO SET ASIDE THE JUDGMENT PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD IN CRL.A NO.26/2024 DATED 28.02.2025 AND BY ALLOWING THIS CRIMINAL REVISION PETITION AND ACQUIT THIS PETITIONER, IN THE INTEREST OF JUSTICE.

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

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Sri T.R.Patil., learned counsel for the revision petitioner and Smt. Sunitha P.Kalasoor., learned counsel for the respondent are physically present along with their respective parties.

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The petitioner-accused has filed this petition seeking to set-aside the judgment dated 28.02.2025 passed in Crl.A.No.26/2024 by the learned II Additional District & Sessions Judge, Dharwad and Special Court for trial of the offences under the P.O.C.S.O Act and S.C. & S.T (P.O.A) Act, confirming the judgment dated 03.02.2024 passed by the learned I-Additional Civil Judge & JMFC, Dharwad, wherein, the trial Court convicted the petitioner-accused for the offence punishable under Section 138 of N.I.Act in C.C.No.1687/2020 by its judgment of conviction and order on sentence.

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NC: 2025:KHC-D:7784 CRL.RP No. 100132 of 2025

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HC-KAR

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Learned counsels for both the parties have filed

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an application under Section 147 of N.I. Act R/w Section 482 of Cr.P.C. The terms of application filed by both the parties

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“In this, the Petitioner/Accused and the Respondent/ Complainant most respectfully submit as under:

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1. It is submitted that, the Respondent/ Complainant had filed a private complaint before the learned I Addl. Civil Judge and JMFC Court, Dharwad in C.C. No. 1687/2020 against the Petitioner/Accused for the offence of 138 of NI Act in respect of dishonour of cheque bearing No. 002556 dated 27/02/2020 drawn on Axix Bank Limited Davangere Branch for sums of Rs. 2,34,746/-for encashment through his Canara Bank.

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2. It is submitted that, the C.C. No. 1687/2020 on the file of the learned I Addl. Civil Judge and JMFC Court, Dharwad came to be allowed and thereby the Petitioner /Accused was convicted by judgment and order of conviction and sentence dated 03/02/2024. The Petitioner/Accused was convicted to pay a fine amount of Rs.4,64,492/-, and in default undergo simple imprisonment for a period of one year for the offence punishable under Section 138 of NI Act. And

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HC-KAR

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subsequently the Petitioner preferred criminal appeal challenging the judgment and order of conviction and sentence of the trial Court before the II Addl. District and Sessions Judge, Dharwad in Crl. Appeal No. 26/2024, the learned II Addl.District and Sessions Dharwad Judge also dismissed the appeal filed by the Petitioner/Accused and confirmed the judgment and order of conviction and sentence dated 28/02/2025 passed by the trial Court.

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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 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. 4,04,000/to the Respondent/ Complainant. Therefore, the Petitioner has no objection to withdraw Rs. 46,949/- which was

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HC-KAR

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deposited before the I Addl. Civil Judge and JMFC Court, Dharwad in C.C. No. 1687/2020 and remaining payment of Rs. 3,57,051/to the Respondent by way of cash towards full and final settlement of the dispute between themselves.

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b. The Respondent/Complainant hereby acknowledges the receipt of Rs. 3,57,051/- by way of cash from the Petitioner/Accused on today.

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c. The Respondent/Complainant also hereby agrees that, the Criminal Revision Petition No.100132/2025 filed by the Petitioner may kindly be disposed off as settled between the parties.

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Therefore, 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 by setting aside the judgment and order of conviction and sentence dated 03/02/2024 passed by I Addl. Civil Judge and JMFC Court, Dharwad in C.C. No.1687/2020 and also set aside the subsequent judgment and order passed by the learned II Addl. District & Sessions Judge, Dharwad in Crl. Appeal No. 26/2024 dated 28/02/2025, in the interest of justice and equity”

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HC-KAR

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In view terms of the application/joint memo,

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the petitioner-accused has agreed to pay a sum of Rs.4,04,000/- (Rupees Four Lakh Four Thousand only) to the respondent and the respondent is agreed to receive the same as full and final settlement.

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In view of the settlement arrived between the parties and as per the application/Joint memo, the Criminal Revision Petition is allowed .

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The impugned judgment dated 28.02.2025 passed in Crl.A.No.26/2024 by learned II Additional District & Sessions Judge, Dharwad and Special Court for trial of the offences under the P.O.C.S.O Act and S.C. & S.T (P.O.A) Act and the judgment of conviction and order on sentence dated 03.02.2024 passed in C.C.No.1687/2020 by the I-Additional Civil Judge & J.M.F.C, Dharwad are hereby set- aside.

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The petitioner-accused is acquitted of the offence punishable under Section 138 of the N.I. Act.

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