Sri Venkatesh D vs Sri J Sunil Kumar

Citation : 2024 Latest Caselaw 18414 Kant
Judgement Date : 24 July, 2024

Karnataka High Court

Sri Venkatesh D vs Sri J Sunil Kumar on 24 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                    NC: 2024:KHC:29528
                                                CRL.RP No. 889 of 2021




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 24TH DAY OF JULY, 2024
                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO.889 OF 2021
            BETWEEN:

            SRI VENKATESH D
            S/O ANJANEYALU,
            AGED ABOUT 41 YEARS,
            R/AT NO.1231/01, 6TH MAIN,
            KALYANA NILAYA, 5TH CROSS,
            K N EXTENSION,
            YESHWANTHAPURA,
            BENGALURU-560054
                                                         ...PETITIONER
            (BY SRI MURALIDHAR S R, ADVOCATE)

            AND:

            1.    SRI J SUNIL KUMAR
                  S/O LATE JAYARAM,
                  AGED ABOUT 43 YEARS,
Digitally         R/AT NO.203, 2ND FLOOR,
signed by         15TH CROSS,
MALATESH          J P PARK BACK GATE,
KC                GOLDEN LEAF APARTMENT,
Location:         MATTIKERE, BENGALURU-560054
HIGH                                                    ...RESPONDENT
COURT OF  (BY SRI ANIRUDH CHAMUNDA, ADVOCATE)
KARNATAKA
                 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
            CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF
            CONVICTION PASSED BY THE XXII ADDL.C.M.M., BENGALURU
            IN C.C.NO.9934/2016 DATED 10.07.2018 AND THE IMPUGNED
            JUDGMENT CONFIRMING THE SAID CONVICTION VIDE DATED
            24.05.2021 IN CRL.A.NO.1554/2018 PASSED BY THE LIX
            ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
            (CCH-60) AND ACQUIT THE PETITIONER.
                                 -2-
                                               NC: 2024:KHC:29528
                                           CRL.RP No. 889 of 2021




    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA

                            ORAL ORDER

Memo signed by revision petitioner and counsel for respondent is filed. Memo reads as under:

MEMO FOR SETTLEMENT The parties to the above case have amicably come to settlement, wherein, the petitioner/accused agrees to pay the remaining balance amount of sum of Rs.2,15,000 (Rupees Two lakh fifteen thousand only) to the respondent/complainant.
The petitioner/accused undertakes to pay/transfer Rs.10,000/- (Rupees ten thousand only) every month on or before 10th day, to the respondent/complainant to his bank account provided hereunder, till the realization of the balance cheque amount.
Account details of the complainant/respondent:
Account Holder Name : Sunil Kumar J Account No: : 0662500103978101 Bank/Branch : Karnataka Bank/Yeshwanthpura Branch -3- NC: 2024:KHC:29528 CRL.RP No. 889 of 2021 IFSC Code : KARB0000066 In view of the memo, revision petition stands disposed of. After payment of the entire amount, fine amount of Rs.3000/- imposed by the learned Trial Magistrate, confirmed by the First Appellate Court towards defraying expenses to the State is hereby set aside.
If the revision petitioner fails to make the payment as agreed in the memo, then the conviction order passed by the learned Trial Magistrate, confirmed by the First Appellate Court stands automatically restored.
Sd/-
(V.SRISHANANDA) JUDGE MR List No.: 2 Sl No.: 13