Sri Devi Prasad Shetty Vs Sri Ramananda Sapalya

SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED, 22.08.2014 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K., IN C.C.NO.132/2012 WHICH IS CONFIRMED AS PER THE JUDGMENT DATED 27.04.2016 PASSED BY THE IV ADDL. DIST.A DN S.J., D.K., MANGALORE IN CRL.A.NO.190/2014 AND ACQUIT THE PETR. HEREIN IN

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NC: 2026:KHC:7119 CRL.RP No. 1111 of 2016

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HC-KAR

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C.C.NO.132/2012 PRL. SENIOR CIVIL JUDGE AND JMFC, BANTWAL,

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D.K.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused is before this Court in this revision petition filed under Section 397 read with Section 401 of Cr.P.C. with a prayer to set-aside the judgment and order of conviction and sentence dated 22.08.2014 in CC No.132/2012 passed by the Court of Principal Senior Civil Judge and JMFC, Bantwal, and the judgment and order dated 27.04.2016 in Crl.A.No.190/2014 passed by the Court of IV Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru.

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Learned counsel for the respondent submits that the respondent is not interested in prosecuting the case against the petitioner and the impugned judgment and order of conviction and sentence may be set-aside. He has filed a memo to the said effect, which is signed by the respondent, who is present in-person before this Court.

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3 - NC: 2026:KHC:7119 CRL.RP No. 1111 of 2016

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HC-KAR

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The submission and memo are taken on record. Petitioner

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has been convicted and sentenced in the present case for the offence punishable under Section 138 of the N. I. Act, which is a compoundable offence.

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In view of the aforesaid, without going into the merits and demerits of the case, this revision petition is required to be disposed off by setting aside the impugned judgment and order of conviction and sentence passed by both the Courts below. Accordingly, the following order:-

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The criminal revision petition is allowed. The impugned judgment and order of conviction and sentence dated 22.08.2014 in CC No.132/2012 passed by the Court of Principal Senior Civil Judge and JMFC, Bantwal, and the judgment and order dated 27.04.2016 in Crl.A.No.190/2014 passed by the Court of IV Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru, are set aside.

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