Suresh vs Suresh

Type Court Judgment Court Karnataka Decided Feb 01, 2025

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Citation: sooperkanoon.com/1703189
Court: Karnataka High Court
Judge: H.P.Sandesh
Decided On: Feb 01, 2025
Case Number: CRL.RP/1293/2021

Parties & Advocates

Appellant / Petitioner

Suresh

Respondent

Suresh

Excerpt

.....crl.a.no.10049/2019 dated 30.04.2021 confirming the sentence of conviction and acquit the petitioner/accused for the -2-offence punishable under section 138 of negotialbe instruments act. this petition coming on for admission this day,order was made therein as under:coram: hon'ble mr. justice h.p.sandeshoral orderboth the learned counsel have filed the joint memo statingthat the matter was settled for rs.2,30,000/- and payment is also made through dd dated 29.02.2024. an application under section 147 of the negotiable instruments act (‘the ni act’ for short) for compounding of the offence is also filed. the respective learned counsel submits that in view of the payment already been made, the parties are not present before the court.2. having considered the said submission as well aspayment made through dd dated 29.02.2024 long back and receipt is also placed before the court and the same is signed by the respondent/complainant, the joint memo is accepted and the application filed under section 147 of the ni act is allowed and the offence is compounded. consequently, the petitioner is acquitted for the offence under section 138 of the ni act.-3-3. the petitioner is directed to deposit the fine amount of rs.5,000/- as ordered by the trial court within one week from today and produce the receipt before the registry for having paid the amount within two weeks from today. if the receipt is not produced for having paid the amount, list the matter before the court on 17.02.2025. if the receipt is produced, no need to list the matter before the court.4. in terms of the compromise, the criminal revision petition is disposed of. sd/- (h.p.sandesh) judge md list no.: 1 sl no.: 36

Full Judgment

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1293 OF 2021 BETWEEN: SON OF SHREEDHARA NAIKA, AGED ABOUT 34 YEARS, RESIDING NEAR BEEDI QUARTERS, ANALEKOPPA EXTENSION, SAGAR TOWN - 577 401. …PETITIONER (BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE) AND: SON OF RAMAPPA, AGED ABOUT 43 YEARS, Digitally signed
by DEVIKA M              RESIDING OF MANDAGALALE VILLAGE,
Location: HIGH           TALAGUPPA HOBLI,
COURT OF                 SAGAR TALUK - 577 430.
KARNATAKA
…RESPONDENT (BY SRI. MOHAN M.K., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE JMFC, COURT SAGAR IN C.C.NO.355/2017 DATED 16.12.2019 CONVICTING THE PETITIONER HEREIN AND THE JUDGMENT PASSED BY THE HONBLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE SHIVAMOGGA SITTING AT SAGAR IN CRL.A.NO.10049/2019 DATED 30.04.2021 CONFIRMING THE SENTENCE OF CONVICTION AND ACQUIT THE PETITIONER/ACCUSED FOR THE -2-
OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIALBE INSTRUMENTS ACT. THIS PETITION COMING ON FOR ADMISSION THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

Both the learned counsel have filed the joint memo stating

that the matter was settled for Rs.2,30,000/- and payment is also made through DD dated 29.02.2024. An application under Section 147 of the Negotiable Instruments Act (‘the NI Act’ for short) for compounding of the offence is also filed. The respective learned counsel submits that in view of the payment already been made, the parties are not present before the Court.

2. Having considered the said submission as well as

payment made through DD dated 29.02.2024 long back and receipt is also placed before the Court and the same is signed by the respondent/complainant, the joint memo is accepted and the application filed under Section 147 of the NI Act is allowed and the offence is compounded. Consequently, the petitioner is acquitted for the offence under Section 138 of the NI Act.

-3-

3. The petitioner is directed to deposit the fine amount of Rs.5,000/- as ordered by the Trial Court within one week from today and produce the receipt before the Registry for having paid the amount within two weeks from today. If the receipt is not produced for having paid the amount, list the matter before the Court on 17.02.2025. If the receipt is produced, no need to list the matter before the Court.

4. In terms of the compromise, the criminal revision petition is disposed of. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 36

Same Court & Year Karnataka · 2025 Same Parties Suresh vs Suresh Same Judge H.P.Sandesh