IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL REVISION PETITION NO.575 OF 2017 BETWEEN:
Sri Shivalingegowda, S/o. Channegowda, Aged about 58 years, Residing at KSRP Police No.120, ‘J’ Block, Jaki Quarters, Mysuru – 570024. …Petitioner (By Sri H.M. Manjesh, Adv.) AND:
Sri Nagappa, S/o. Channaiah, Aged about 38 years, Residing at Nelluru Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 401. …Respondent (By Sri M. Sadashiva Murthy, HCGP ) This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C, praying to set aside the Judgment dated 20.10.2016 passed by the 1st Additional Civil Judge and JMFC, Malavalli in C.C.No.799/2013 and confirmed dated 27.02.2017 passed by IV Additional District and Sessions Judge, Mandya in Crl.A.No.77/2016 and allow this Crl.R.P.
This petition coming on for Orders this day, the Court made the following:-
ORDER The parties have filed an application under Section 147 of the Negotiable Instruments Act, 1881 read with Sections 320, 482 of Cr.P.C seeking permission of the Court to compound the offence. The application is supported by an affidavit of the petitioner / accused and also affidavit of respondent / complainant.
2. Having regard to the circumstances explained by the parties in their respective affidavits, application is allowed. Accordingly, I.A.No.3/2017 is hereby allowed.
3. Parties are permitted to compound the offence and consequently revision petition is allowed. The judgment of conviction and sentence recorded by the 1st Additional Civil Judge and JMFC at Malavalli in C.C.No.799/2013 dated 20.10.2016 in convicting the petitioner / accused for the offence punishable under Section 138 of Negotiable Instrument Act, 1881, is set aside. The petitioner / accused is acquitted of all the charges.
Sd/- JUDGE UN