IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL REVISION PETITION NO.435/2017 BETWEEN:
JAGANNATH H.T.
S/O HANUMANTHA RAMURS AGED ABOUT 47 YEARS MANAGING PARTNER GANESHA COFFEE CURING WORKS MARUTHI NAGAR TAGOOR GATE POST CHIKMAGALUR CITY – 577 101. ...PETITIONER (BY SRI DINESH KUMAR RAO K., ADV. FOR SRI R.B.DESHPANDE, ADV.) AND:
DR.A.NARAYANA S/O S.N.A.S.A. ANNAMALAI CHETTIAR AGED ABOUT 78 YEARS PROPRIETOR OF NANDIPUR COFFEE ESTATES NANDIPUR POST MUDIGERE TALUKA – 577 132 R/O OLD NO.71, NEW NO.85 M.M.STREET, KARAIKUDI – 630 001 SHIVAGANGI DISTRICT, TAMIL NADU STATE REPRESENTED BY HIS POWER OF ATTORNEY AND MANAGER SHRI M.SOMASUNDARAM S/O S.M.MADHAVAN AGED ABOUT 44 YEARS MANAGER OF NANDIPUR ESTATE NANDIPUR POST – 577 132 MUDIGERE TALUKA CHIKMAGALUR DISTRICT. ...RESPONDENT (BY SMT.POOJA KATTIMANI, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 30.10.2014 PASSED BY THE PRINCIPAL SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.NO.186/2012 AND THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 12.09.2012 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND J.M.F.C., CHIKKAMAGALURU IN C.C.NO.4597/2003 AND ACQUIT THE PETITIONER OF THE CHARGES LEVELED AGAINST HIM.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard both.
2. It is noticed from the lower court records that Dr. A. Narayanan, complainant has executed General Power of Attorney (Ex.P1) on 22.7.2003 in favour of Sri. M. Somasundaram to prosecute the complaint.
3. The application I.A.3/2017 dated 17.7.2017 filed by the parties under Section 147 of the Negotiable Instruments Act is allowed. The parties are permitted to compound the offence.
Consequently, the revision petition is allowed. The judgment of conviction and sentence recorded by the Trial Court is set aside. The revision petitioner is acquitted of the charges under Section 148 of the Negotiable Instruments Act.
Dvr:
Sd/- JUDGE