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2025 DAILYLAW 60646 (KAR)

SMT PRIYANKA W/O. MANIKANDAN v. SHRI T S RAVISEKAR S/O. SUBRAMANIAN

CRL.RP/100199/2025 · 2025-08-28

S Vishwajith Shetty

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:10847 CRL.RP No. 100199 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100199 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: SMT. PRIYANKA W/O. MANIKANDAN, AGE. 35 YEARS, OCC. HOUSE WIFE , R/O. DOOR NO.35/11, MALAIDIVARAM, NADAR KALYAN MANTAPAM, NEAR NAMKKAL ROAD, DIST. NAMKKAL, TAMILNADU STATE-637 001. … PETITIONER (BY SRI. AVINASH MALIPATIL, ADVOCATE) AND: SHRI T.S. RAVISEKAR S/O. SUBRAMANIAN, AGE. 41 YEARS, OCC. BUSINESS, R/O. PLOT NO.2685, CTS NO.8086, OPP. MUGALKODMATH , DOUBLE ROAD, SHREE NAGAR-590 010, TQ. AND DIST. BELAGAVI. … RESPONDENT (BY SRI. PRASHANTH V. MOGALI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. (UNDER SECTION 438 R/W 442 OF BNSS), PRAYING TO CALL FOR RECORDS AND ALLOW THIS REVISION PETITION, BY SETTING THE JUDGMENT DATED 13.12.2024, IN CRIMINAL APPEAL NO.321/2023, PASSED BY THE COURT OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND ALSO SET ASIDE THE JUDGMENT DATED 07.09.2023 PASSED IN C.C. NO.1071/2021 PASSED BY THE JMFC VI, BELAGAVI, AT: BELAGAVI FOR OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10847 CRL.RP No. 100199 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. This criminal revision petition is filed by the accused with a prayer to set aside the judgment and order of conviction and sentence passed by the Court of VI JMFC, Belagavi in C.C.No.1071/2021 dated 07.09.2023, which is confirmed in Criminal Appeal No.321/2023 by the Court of VI Additional District and Sessions Judge, Belagavi by order dated 13.12.2023. 2. Learned counsel for the parties, jointly submit that, the dispute between the parties has been settled before the Mediation Centre, High Court of Karnataka, Dharwad Bench, Dharwad and a compromise petition has been executed between the parties which is placed on record. 3. Submission made on behalf of the parties and the compromise petition dated 28.08.2025, which is signed by the parties and their respective advocates are taken on record. - 3 - HC-KAR NC: 2025:KHC-D:10847 CRL.RP No. 100199 of 2025 4. In paragraph Nos.1 and 2 of the compromise petition, it is stated as follows: “1. The Parties have agreed to compromise the case for a total sum of Rs.5,20,000/- (Five Lakh Twenty Thousand Only), towards full and final settlement, in which the Petitioner already deposited Rs.1,28,750/- before the Trial Court and on 22.12.2023 and remaining Rs.3,91,250/- paid on 20.08.2025 by cash. The respondent namely Sri. T S Ravisekar S/o Subramanian has acknowledge the same. 2. Further, Petitioner/Accused has no objection to release the amount of Rs.1,28,750/- in favour of the Respondent/Complainant, which is deposited before the Trial Court forthwith. The fine amount of Rs.5000/- is deposited by the Petitioner/Accused before the Trial Court and if the same is not deposited then the Petitioner/Accued will deposit the same.” 5. In view of the settlement between the parties, this criminal revision petition is required to be disposed of in terms of the compromise petition. Accordingly, the following: ORDER i. Criminal revision petition is allowed and the judgment and order of conviction and sentence passed by the Court of VI JMFC, Belagavi in C.C.No.1071/2021 dated 07.09.2023, which is confirmed in Criminal Appeal No.321/2023 by the Court of VI - 4 - HC-KAR NC: 2025:KHC-D:10847 CRL.RP No. 100199 of 2025 Additional District and Sessions Judge, Belagavi by order dated 13.12.2023 are set aside. The petitioner is acquitted of the alleged offence punishable under Section 138 of the Negotiable Instruments Act. ii. The respondent/complainant is permitted to withdraw the amount of Rs.1,28,750/- which is deposited by the petitioner before the trial Court, on production of necessary documents in support of his identity. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 10