IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 19TH DAY OF JULY 2018

BEFORE

THE HON'BLE MR. JUSTICE K. SOMASHEKAR

CRIMINAL REVISION PETITION NO.100109/2018

BETWEEN

NITIN S/O SURESH PATADIA AGE: 43 YEARS, OCC: NIL, R/A: VISHWESHWAR NAGAR, HUBBALLI.

(BY SRI.S.S.NIRANJAN, ADV.)

... PETITIONER

AND

SUNDAR S/O PREMANATH JOTWANI AGE: 49 YEARS, OCC: BUSINESS, R/A: KALYANI CLASSIC APARTMENT, KUSUGAL ROAD, HUBBALLI.

(BY SMT. SUNITHA G PILAY, ADV.)

... RESPONDENT

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 AND 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGEMENT AND ORDER DATED 22.02.2018 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, HUBBALLI IN CRL.A. NO.108 OF 2017 CONFIRMING JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 25.09.2017 PASSED BY THE JMFC-I COURT, HUBBALLI IN C.C. NO.4052/2014 FOR THE OFFENCE UNDER SECTION 138 OF NI ACT AND TO ALLOW THE PRESENT REVISION PETITION AND ACQUIT THE PETITIONER/ACCUSED.

THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

In this criminal revision petition, learned counsel for the petitioner and the respondent have jointly filed I.A. No.4/2018 with accompanying affidavit for compounding the offence punishable under Section 138 of NI Act by way of settlement.

2. The petitioner/accused in this petition challenged the judgment and order dated 22.02.2018 passed by the I Additional District and Sessions Judge, Hubballi in Criminal Appeal No.108/2017, confirming the judgment of conviction and order of sentence dated 25.09.2017 passed by the JMFC 1st Court, Hubballi in C.C. No.4052/2014 for the offence punishable under Section 138 of N.I. Act.

3. Learned counsel for the respondent – complainant submitted that the matter is settled amicably outside the Court and the respondent – complainant is not interested in prosecuting the case.

4. Learned counsel for the petitioner – accused submitted that the petitioner is in custody. The matter is settled out of Court between the parties. In support of the submission, learned counsel for the petitioner has placed reliance in the case of Kanchanbhai Ramanlal Chauhan vs. State of Gujarat in Special Criminal Application No.3026/2014, wherein it has held as under:

"12. In the circumstances, it is hereby declared that the compromise arrived at between the parties to this litigation out of court is accepted as genuine and the order of conviction and sentence passed by the learned 4 th Senior Civil Judge & JMFC, Vadodara in Criminal Case No.536 of 2006 and confirmed in appeal by the learned 2nd Additional Sessions Judge, Vadodara in Criminal Appeal No.101 of 2009 are hereby quashed and set aside as this Court intends otherwise to secure the ends of justice as provided under section 482 of the Code of Criminal Procedure. In view of the above, the applicant – Kanchan Ramanlal Chauhan is hereby acquitted and he be set at liberty forthwith if not required in any other case. The petition is allowed accordingly. Rule is made absolute. Direct service is permitted."

5. Whereas, in the case of K.Subramanian vs. R.Rajathi reported in 2010 (15) SCC 352, wherein the petitioner was convicted under Section 138 of N.I.Act and was sentenced to undergo imprisonment and also sentenced to pay fine. Whereas, the appeal before the Sessions Court and Revision before the High Court as also his SLP was also dismissed. Thereafter, the petitioner preferred a petition before the Hon'ble Supreme Court seeking permission to compound the offence and acquit him by setting aside the conviction, in view of the compromise arrived at between the parties.

6. In the instant case also, the petitioner as well as the respondent have compromised their case and have filed an application for compounding the offence and the learned counsel for the petitioner is seeking acquittal of the petitioner – accused by setting aside the conviction.

7. Having heard the learned counsel for the petitioner and the respondent and being satisfied with the cause shown in the affidavit filed in support of the application, I.A. No.4/2018 is allowed. Accordingly, I proceed to pass the following:

ORDER

Criminal Revision Petition is hereby allowed.

The judgment and order dated 22.02.2018 passed by the I Additional District and Sessions Judge, Hubballi in Criminal Appeal No.108 of 2017, confirming the judgment of conviction and order of sentence dated 25.09.2017 passed by the JMFC 1st Court, Hubballi in C.C. No.4052 of 2014 is hereby set aside.

The petitioner – accused is hereby acquitted of the offence punishable under Section 138 of N.I. Act.

The petitioner – accused is in judicial custody. Therefore, the concerned Jail Authorities to set him at liberty, forthwith, if he does not require in any other case.

In terms of disposal of this Criminal Revision Petition, Registry is hereby directed to forward this order to the concerned Jail Authorities, as where the accused is lodging, for compliance.

Sd/- JUDGE

Rsh