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2025 DAILYLAW 24689 (KAR)

SRI.RAMESH HEGDE v. SRI.KIRAN K

CRL.RP/849/2020 · 2025-01-30

H P Sandesh

body2025

Judgment text

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- 1 - NC: 2025:KHC:4409 CRL.RP No. 849 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.849 OF 2020 BETWEEN: 1. SRI. RAMESH HEGDE, S/O MAHABALESHWAR, AGED ABOUT 53 YEARS, PROP: HEGDE AUTO CENTRE, OLD P.B. ROAD, DAVANAGERE-577 001. …PETITIONER (BY SRI. K.G.SUDHAKAR, ADVOCATE) AND: 1. SRI. KIRAN K., S/O RAMACHANDA RAO, AGED ABOUT 45 YEARS, R/AT KOTE TEMPLE ROAD, HARIHAR, DAVANAGERE DISTRICT-577 001. …RESPONDENT (BY SRI. M. VINAYA KEERTHY, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED/CONFIRMED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE IN CRL.APPEAL NO.44/2016 DATED 07.03.2020 AND THE JUDGMENT AND ORDER PASSED BY THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MACT, HARIHAR IN C.C.NO.28/2016 (OLD.NO.532/2008) DATED 21.04.2016 CONSEQUENTLY ACQUIT THE PETITIONER ACCORDINGLY IN THE ABOVE REVISION PETITION. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4409 CRL.RP No. 849 of 2020 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER The learned counsel for the petitioner has filed an application under Section 147 of the Negotiable Instruments Act (‘the NI Act’ for short) for compounding of the offence. A joint memo is also filed before this Court and the same is signed by both the parties and their respective learned counsel. The parties are identified by their respective learned counsel. The joint memo is taken on record. 2. In terms of the joint memo, the petitioner has paid an amount of Rs.70,000/- by way of DD in favour of the respondent and the matter is settled for an amount of Rs.1,50,000/-. The respondent is present before the Court and he acknowledges the same. In terms of the settlement, the respondent is permitted to withdraw the amount of Rs.80,000/-, which is already in deposit. The petitioner has no objection to release the amount in favour of the respondent. In view of the settlement arrived between the parties and also filing of the joint memo by both the parties, the application filed under Section 147 of NI Act is allowed and the offence is compounded. The revision petitioner is acquitted for the offence punishable under Section 138 of the NI Act. - 3 - NC: 2025:KHC:4409 CRL.RP No. 849 of 2020 3. The Trial Court while convicting the petitioner, directed to defray an amount of Rs.10,000/- to the State out of the amount ordered. The learned counsel for the petitioner submits that the petitioner is going to make the payment within one week from today before the Trial Court. 4. Hence, the petitioner is directed to deposit the amount of Rs.10,000/- within one week from today and produce the receipt for having deposited the amount. If the petitioner fails to deposit the amount within one week, list the matter on 10.02.2025 before the Court. If receipt is produced for having deposited the amount, no need to put up the matter before the Court. 5. The criminal revision petition is disposed of. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 41