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2025 DAILYLAW 67300 (KAR)

S J RAVI v. GANESH M

CRL.RP/266/2019 · 2025-07-21

G Basavaraja

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27346 CRL.RP No. 266 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO.266 OF 2019 (397(Cr.PC) / 438(BNSS)) BETWEEN: S. J. RAVI, S/O JANARDHAN ACHAR, AGED ABOUT 57 YEARS, R/O MUGTHIHALLI VILLAGE, MUGTHIHALLI POST, CHIKMAGALUR DIST.-577101. …PETITIONER (BY SRI. RAVIKUMAR N. R., ADV.) AND: GANESH M., S/O MANJUNATH, R/AT SACHIN TRAVELS CANARA BANK ROAD, CHIKMAGALUR DISTRICT-577101. …RESPONDENT (V/O DATED. 23.01.2024 ARCHANA K.M., AMICUS CURIAE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 4.12.2018 IN CRL.A.NO.94/2017 PASSED BY THE I ADDITIONAL SESSIONS JUDGE, CHIKKAMAGALURU CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION IN C.C.NO.485/2014 DATED 14.06.2016 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, JMFC, CHIKKAMAGALURU. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27346 CRL.RP No. 266 of 2019 ORAL ORDER Complainant present. Accused-Revision Petitioner and the learned Counsel for the accused, are present. 2. It is submitted by the learned Counsel for the revision petitioner that he will identify the complainant. Upon enquiring with the complainant, it was told that he has not received notice from the Court and hence he could not appear before the Court. Only after receiving the notice from this Court, he has appeared before this Court today. Copy of the notice is also produced by the complainant. 3. Today, complainant and accused filed application under Section 147 of Negotiable Instruments Act, 1881 to compound the offence, further, with liberty to enforce the order of the trial Court in the event the accused fail to pay the balance amount on or before 30th December, 2025. The contents of the compromise petition were read over and explained to both the parties and the parties have agreed to the terms and conditions of the compromise. Accordingly, application filed under Section 147 of the Negotiable Instruments Act, 1881 Act is accepted, as both the complainant - 3 - HC-KAR NC: 2025:KHC:27346 CRL.RP No. 266 of 2019 and the accused have voluntarily submitted the application before the Court. In the result, I proceed to pass the following: O R D E R i) The application filed under Section 147 of Negotiable Instruments Act, 1881 is allowed; ii) Compromise petition filed by the accused- revision petitioner and the complainant- Respondent, is recorded; iii) The Judgment and Order of conviction dated 14th June, 2016 passed in CC No.485 of 2014 passed by the II Additional Senior Civil Judge, JMFC, Chikkamagaluru which is confirmed by the appellate Court by Judgment and Order dated 04th December, 2018 passed in Criminal Appeal No.94 of 2017, are set aside; iv) Accused is acquitted of the offences punishable and Section 138 of negotiable instruments act; v) Registry to transmit the trial Court records along with the copy of his order to be concerned Court forthwith. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 34