Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 92378 (KAR)

M A FAROQ v. MOHAMMED ABDUL MATEEN

CRL.RP/200157/2025 · 2025-12-09

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:7600 CRL.RP No. 200157 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL REVISION PETITION NO.200157 OF 2025 (397(Cr.PC)/438(BNSS)) BETWEEN: M. A. FAROQ S/O M. A. RAZZAK, AGE: 32 YEARS, OCC: NIL, R/O GUNJ, BHALKI, DIST. BIDAR. …PETITIONER (BY SRI RAJESH G. DODDAMANI, ADVOCATE) AND: MOHAMMED ABDUL MATEEN S/O ABDUL JALEEL, AGE: 55 YEARS, OCC: BUSINESS, R/O H.NO.5-2-191, DULHAN DARWAZA BAROOD GALLI, BIDAR, DIST. BIDAR-585401. …RESPONDENT (BY SRI VARUN PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 (1) OF CR.P.C (OLD), SECTION 438 (1) OF BNSS (NEW), PRAYING TO CALL FOR RECORDS AND EXAMINE THE RECORDS IN C.C.1096/2021 AND SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY II ADDITIONAL SENIOR CIVIL Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7600 CRL.RP No. 200157 of 2025 JUDGE AND JMFC AT BIDAR IN C.C.NO.1096/2021 DATED 01.03.2024 AND ALSO THE ORDER OF CONVICTION PASSED BY THE LEARNED ADDL. DIST. AND SESSIONS JUDGE, BIDAR PASSED IN CRL.APPEAL NO.22/2024 DATED 26.06.2025 AND BE PLEASED TO ACQUIT THE REVISION PETITIONER IN CC NO.1096/2021 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the accused assailing the concurrent judgments of conviction and orders of sentence for the offence punishable under Section 138 of the Negotiable Instruments Act. The application under Section 147 of the NI Act is filed accompanied by joint affidavit filed by complainant and petitioner/accused. 2. On perusal of the joint affidavit, particularly paragraph No.8, it is evident that the parties have Page no.2 is re-typed and re-placed vide Court Order dated 18.12.2025 - 3 - HC-KAR NC: 2025:KHC-K:7600 CRL.RP No. 200157 of 2025 amicably settled the dispute. It is further stated that all financial issues have been resolved and the accused has paid a sum of Rs.6,00,000/- to the complainant in cash on 09.12.2025. 3. The complainant, who is present before the Court, confirms the factum of settlement and also acknowledges having received the entire amount of Rs.6,00,000/-. 4. In view of the amicable settlement between the parties, the application filed under Section 147 of the NI Act, seeking permission to compound the offence is allowed. Consequently, the parties are permitted to place the compromise on record. 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The Criminal Revision Petition is allowed. Page No.3 is re-typed and re-placed vide Court Order dated 18.12.2025 - 4 - HC-KAR NC: 2025:KHC-K:7600 CRL.RP No. 200157 of 2025 (ii) The judgment of conviction and order of sentence passed by the II Additional Senior Civil Judge and JMFC, Bidar, in C.C.No.1096/2021 dated 01.03.2024, and the judgment and order passed by the Additional District and Sessions Judge, Bidar, in Criminal Appeal No.22/2024 dated 26.06.2025, are hereby quashed and set aside. (iii) All pending interlocutory applications, if any, stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE RSP List No.: 2 Sl No.: 12 CT:SI