Sri H D Nagesh Heggde Vs Sri. S C Pradeepa

SRI. H.D.NAGESH HEGGDE S/O DODDIAH HEGGDE, AGED ABOUT 52 YEARS, R/O KANABURU, RAMBAPURI MATA MAIN ROAD, BALEHONNUR POST, N.R.PURA TALUK, CHIKKAMAGALUR DISTRICT-57710

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…PETITIONER

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(BY SRI. GIRISH B BALADARE, ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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SRI. S.C.PRADEEPA S/O LATE CHENNAPPA, AGED ABOUT 44 YEARS, R/O BALAGADI ROAD, KOPPA TOWN, CHIKKAMAGALUR DISTRICT-577101

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…RESPONDENT

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(BY SRI.ARUN KUMAR.T.R, ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT DATED 29.9.2021 PASSED BY THE LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU IN CRL.A.NO.231/2019 AND THE JUDGMENT DATED 10.10.2019 PASSED BY THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT KOPPA IN

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NC: 2025:KHC:10105 CRL.RP No. 1136 of 2021

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C.C.NO.638/2013 AND THE PETITIONER TO BE ACQUITTED FOR THE OFFENCE ALLEGED AGAINST HIM.

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

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CORAM: HON'BLE MS JUSTICE J.M.KHAZI

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ORAL ORDER

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Both learned counsel for petitioner and respondent are present.

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A compromise petition in the form of joint

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memo is filed under Section 147 of N.I. Act. As per the terms of the joint memo, 50% of the fine amount deposited as per the interim order dated 11.11.2021, is to be permitted to be withdrawn by the

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respondent/complainant.

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Petitioner/accused undertakes to pay a sum of Rs.1,00,000/- within two months from today and balance amount within six months from today, failing which as per condition at Sl.No.5, the respondent/complainant is at liberty to execute the judgment of conviction and order of

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NC: 2025:KHC:10105 CRL.RP No. 1136 of 2021

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sentence passed by the trial Court, which is confirmed by the First Appellate Court.

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The terms and conditions of the compromise

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petition are as under:

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"1. The petitioner herein was accused before the trial Court and appellant befor the 1^st appellate court and the respondent herein was the complainant before the trial court and respondent before the 1^st appellate court. The case of the complainant/respondent before the trial court and accused in order to repay the financial assistance availed from the complainant the petitioner had issued a cheque bearing No.694849 dated 12.12.2012 for sum of Rs.5,00,000/- drawn on Syndicate Bank, Yelemadalu Branch. When the complainant had presented the said cheque during its validity, but same was returned for the reasons "insufficient funds". Hence, the complainant/respondent got issued a legal notice on and same was duly served, in spite of the said notice the petitioner had not repaid the same and as such the complainant was constrained to file the complaint under Section 138 of N.I.Act, against the petitioner in C.C.No.638/2013 on the file of Civil Judge and

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JMFC at Koppa, same is allowed by sentencing the petitioner vide judgment dated 10.10.2019 being aggrieved by the same preferred an criminal appeal 231/2019 the appeal came to be dismissed vide judgment dated 29.09.2021 by the 2^nd Addl.District and Sessions Judge at Chikkamagaluru by confirming the judgment of trial court. Hence, being aggrieved by the judgment passed by the both the courts below, prefer this petition.

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2. It is submitted that, with the intervention of the elders and well-wishers the dispute between the accused/petitioner and complainant/respondent was resolved. Accordingly, the petitioner/accused undertake to deposit sum of Rs.1,00,000/- on or before 2 months from today before the trial court.

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3. The remaining balance amount shall deposit on or before 6 months from today before the trial court and the respondent/complainant are permitted to withdraw the aforesaid amount after deposit from the trial court.

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4. The petitioner/accused is deposited 50% of the fine amount pursuant to the interim order dated 11.11.2021 passed by this Hon'ble court before the trial court and the respondent/complainant are permitted to withdraw the said amount forthwith. The

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NC: 2025:KHC:10105 CRL.RP No. 1136 of 2021

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remaining amount shall be deposited by the petitioner on the terms as stated above.

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5. It is further submits that, noncompliance any of the terms mentioned above by the petitioner then the liberty is reserved to the respondent/complainant to execute the judgment as per the law and the original judgment passed by the both the courts below are restored if the violation any above terms.

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6. It is submits that, with the above terms both the parties are settle their dispute pending in the above case. Hence, the alleged offence is compoundable in nature as per Section 147 of N.I. Act, therefore this Hon'ble Court may be consider the joint memo filed on behalf of petitioner and respondent and compound the offence alleged against the petitioner/accused.

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Wherefore, this Hon'ble Court be pleased to record the settlement on the basis of the joint memo filed on behalf of both the parties and compound the offence under Section 138 of the N.I Act against the petitioner by setting aside/quash the judgment dated 29.09.2021 passed by the learned 2^nd Addl.District and Sessions Judge at Chikkamagaluru in Criminal Appeal No.231/2019 and Judgment dated 10.10.2019 passed by the Civil Judge and JMFC at Koppa in C.C.No.638/2013, passed by the both the courts below

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NC: 2025:KHC:10105 CRL.RP No. 1136 of 2021

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and petitioner is liable to be acquitted for the offence as alleged against him, in the interest of justice."

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The terms and conditions of the compromise

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petition are legal and equitable. Placing the joint memo on record, the revision petition stand disposed of in terms thereof.

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However, it is made clear that if the amount as

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agreed in the joint memo is not paid, the order of the trial Court, which is confirmed by the First Appellate Court stands restored automatically and the

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respondent/complainant is at liberty to proceed against the petitioner/accused in accordance with law.

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If the entire amount as agreed in the joint memo is paid, fine amount imposed by the trial Court, which is confirmed by the First Appellate Court to the extent of Rs.5,000/- towards defraying expenses of the State is hereby set aside.

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NC: 2025:KHC:10105 CRL.RP No. 1136 of 2021

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Amount in deposit is permitted to be withdrawn

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by the complainant under due identification.

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Sd/(J.M.KHAZI) JUDGE

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RR List No.: 1 Sl No.: 33

Sri H D Nagesh Heggde v. Sri. S C Pradeepa

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Sri H D Nagesh Heggde v. Sri. S C Pradeepa

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