Karnataka High Court
Mahesh Enterprises vs Sri.Mrutyunjaya Traders on 1 February, 2025
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2025:KHC-D:2043
CRL.RP No. 100074 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CRIMINAL REVISION PETITION NO.100074 OF 2019
(397(Cr.PC)/438(BNSS)]
BETWEEN:
MAHESH ENTERPRISES
ITS PROP: MAHESHAPPA MURIGEPPA UPPIN,
AGE: YEARS, OCC: BUSINESS,
R/O: BANDAR ROAD, MANGALURU,
STATE: KARNATAKA.
... PETITIONER
(BY SRI NAVEEN CHATRAD, ADVOCATE)
AND:
SRI MRUTYUNJAYA TRADERS
REPRESENTED BY PROP: MAHADEVAPPA
S/O. UJJAPPA MALLAPPANAVAR,
Digitally
signed by
AGE: 48 YEARS, OCC: BUSINESS,
R/O: BYADGI, DIST: HAVERI,
MANJANNA E
MANJANNA
E Date:
2025.02.01
15:46:11
+0530
STATE: KARNATAKA.
... RESPONDENT
(BY SRI S.B.PATIL, ADVOCATE (VAKALATH FILED))
THIS CRIMINAL REVISION PETITION IS FILED U/S. 397
R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT
AND ORDER DATED 19.12.2018 PASSED BY THE LEARNED II-
ADDL. DIST. & SESSIONS JUDGE, HAVERI, SITTING AT
RANEBENNUR IN CRL.A.NO.91/2015, CONFIRMING THE
JUDGMENT AND ORDER OF CONVICTION DATED 07.09.2015
PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, BYADGI, IN
C.C.NO.188/2009 FOR THE OFFENCES P/U/S.138 OF NI ACT.
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CRL.RP No. 100074 of 2019
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON’BLE MR. JUSTICE RAVI V.HOSMANI)
Challenging judgment/order dated 07.09.2015 passed by
Civil Judge and JMFC., Byadgi in C.C.no.188/2009 and
judgment/order dated 19.12.2018 passed by II Addl. District
and Sessions Judge, Haveri, sitting at Ranebennur in Crl.Appeal
no.91/2015, this revision petition is filed.
2. Sri Naveen Chatrad, learned counsel for petitioner
and Sri S. B. Patil, learned counsel for respondent jointly
submitted that matter is settled between parties and a
compromise petition is filed under Section 147 of Negotiable
Instruments Act, 1881, wherein, it is stated as under:
“1. It is submitted that Petitioner has filed the
above Criminal Revision Petition against the
judgment and order dated 19-12-2018 passed by
the Ld. II Addl. Dist. & Sessions Judge, Haveri,
Sitting at Ranebennur in Criminal Appeal
No.91/2015, confirming the judgment and order of
conviction dated 07-09-2015 passed by the Ld.
Civil Judge and JMFC Byadgi, in C.C.No.188/2009
for the offence punishable under section 138 of NI
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CRL.RP No. 100074 of 2019Act, whereby The trial court after appreciation of
the evidence on record Acting U/s 255 (2) of
Cr.P.C.the accused is convicted for the offence
punishable U/s 138 of N.I.Act. The accused is
sentenced to undergo S.I. for a period of 1 year
and also pay fine of Rs.4,000/- In default, the
accused shall undergo S.I. for a period of 3
months. Acting U/s 357 (3) of Cr.P.C. the accused
is directed to pay compensation amount of
Rs.65,000/- to the complainant. The fine amount
of Rs.4,000/- shall be deposited to the state. It is
submitted that Accused/petitioner has taken to the
custody and now he is in judicial custody.
Therefore the son of the accused is entering into
compromise and signing this petition and filing the
affidavit. However the Accused will file separate
affidavit in support of the compromise immediately
after release from the custody.
2. It is submitted that during the pendency of the
above petition due to intervention of elders and
mediation of the well wishers both the Petitioner
and Respondent have amicably settled the above
case on the following terms and conditions:
i) that the Respondent / Complainant has
agreed to receive Rs. 65,000/- (Rupees
Sixty Five Thousand only)as full and final
settlement amount. Out of the same he has
already received Rs. 15,000/-(Rupees
Fifteen Thousand only) by cash and today
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CRL.RP No. 100074 of 2019he is receiving balance agreed of Rs.
50,000/- (Rupees Fifty Thousand only)by
way of cash from the Petitioner/Accused
before this Hon’ble Court.
ii) that the Respondent/ Complainant has no
objection to set aside the order of convictions
passed by the courts below.”
3. Learned counsel for petitioner submits that since
petitioner i.e., Maheshappa Murigeppa Uppin is in custody, his
son Shailesh S/o. Mahesh Uppin is before this Court and has
not only signed on compromise petition but also undertakes to
comply with terms of compromise.
4. Sri Mahadevappa S/o. Ujjappa Mallappanavar i.e.,
complainant is present and identified by his counsel. He
knowledges receipt of entire amount as mentioned in
compromise petition.
5. Compromise petition is taken on record.
6. In view of above compromise, revision petition
requires to be allowed. Hence, following:
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CRL.RP No. 100074 of 2019ORDER
i) Criminal Revision Petition is allowed.
ii) Impugned judgment/order dated 07.09.2015
passed by Civil Judge and JMFC., Byadgi in
C.C.no.188/2009 and judgment/order dated
19.12.2018 passed by II Addl. District and
Sessions Judge, Haveri, sitting at Ranebennur
in Crl.Appeal no.91/2015 are set aside.
iii) Revision petitioner is ordered to be released
from custody, forthwith.
iv) Intimate to concerned Jail Authority
immediately.
SD/-
(RAVI V.HOSMANI)
JUDGE
RH
CT:PA
List No.: 1 Sl No.: 18
