Sri S Kumaraswamy vs Sri B S Nataraja

Citation : 2024 Latest Caselaw 18559 Kant
Judgement Date : 25 July, 2024

Karnataka High Court

Sri S Kumaraswamy vs Sri B S Nataraja on 25 July, 2024

Author: V Srishananda

Bench: S Vishwajith Shetty, V Srishananda

                                       -1-
                                                     NC: 2024:KHC:29557
                                                 CRL.RP No. 521 of 2022
                                             C/W CRL.RP No. 512 of 2022
                                                 CRL.RP No. 516 of 2022
                                                 CRL.RP No. 520 of 2022


               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 25TH DAY OF JULY, 2024
                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                CRIMINAL REVISION PETITION NO. 521 OF 2022
                                      C/W
                CRIMINAL REVISION PETITION NO. 512 OF 2022
                CRIMINAL REVISION PETITION NO. 516 OF 2022
                CRIMINAL REVISION PETITION NO. 520 OF 2022


             IN CRIMINAL REVISION PETITION NO. 521 OF 2022

             BETWEEN:

                SRI. S. KUMARASWAMY
                S/O LATE SHANTHAVEERAIAH
                AGED ABOUT 45 YEARS
                R/AT NO 254/2
                VEERABHADRA NILAYA
                TGN LAYOUT, B.H.ROAD
                BEHIND MEENAKSHI BHAVANA
Digitally
signed by       NEAR GOVT. JUNIOR COLLEGE
NARAYANA
UMA             SHIVAMOGGA - 577 201.
Location:
HIGH COURT
OF                                                         ...PETITIONER
KARNATAKA    (BY SRI. VIJAY KRISHNA BHAT M, ADVOCATE)

             AND:

                SRI B S NATARAJA
                S/O. R SRINIVASA
                AGED ABOUT 48 YEARS
                R/AT: NO: 38/12, 2ND MAIN ROAD
                OPP: AISHWARYA APARTMENTS
                SHIVANAGAR, BENGALURU - 560 010.
                           -2-
                                        NC: 2024:KHC:29557
                                    CRL.RP No. 521 of 2022
                                C/W CRL.RP No. 512 of 2022
                                    CRL.RP No. 516 of 2022
                                    CRL.RP No. 520 of 2022


                                            ...RESPONDENT
(BY SRI. SHANTAKUMAR K C, ADVOCATE)

     THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT DATED 24.01.2022 PASSED BY
THE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-56) IN CRL.A.NO.1160/2016 AND ETC.,


IN CRIMINAL REVISION PETITION NO. 512 OF 2022

BETWEEN:

   SRI. S. KUMARASWAMY
   S/O LATE SHANTHAVEERAIAH
   AGED ABOUT 45 YEARS
   R/AT NO 254/2
   VEERABHADRA NILAYA
   TGN LAYOUT, B.H.ROAD
   BEHIND MEENAKSHI BHAVANA
   NEAR GOVT. JUNIOR COLLEGE
   SHIVAMOGGA - 577 201.
                                              ...PETITIONER
(BY SRI. VIJAY KRISHNA BHAT M, ADVOCATE)

AND:

   SRI. B S NATARAJA
   S/O. R SRINIVASA
   AGED ABOUT 48 YEARS
   R/AT: NO: 38/12, 2ND MAIN ROAD
   OPP: AISHWARYA APARTMENTS
   SHIVANAGAR, BENGALURU - 560 010.
                                            ...RESPONDENT
(BY SRI. SHANTAKUMAR K C, ADVOCATE)

     THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT DATED 24.01.2022 PASSED BY
THE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-56) IN CRL.A.NO.1163/2016 AND ETC.,
                           -3-
                                        NC: 2024:KHC:29557
                                    CRL.RP No. 521 of 2022
                                C/W CRL.RP No. 512 of 2022
                                    CRL.RP No. 516 of 2022
                                    CRL.RP No. 520 of 2022




IN CRIMINAL REVISION PETITION NO. 516 OF 2022

BETWEEN:

   SRI. S. KUMARASWAMY
   S/O LATE SHANTHAVEERAIAH
   AGED ABOUT 45 YEARS
   R/AT NO 254/2
   VEERABHADRA NILAYA
   TGN LAYOUT, B.H.ROAD
   BEHIND MEENAKSHI BHAVANA
   NEAR GOVT. JUNIOR COLLEGE
   SHIVAMOGGA - 577 201.

                                              ...PETITIONER
(BY SRI. VIJAYA KRISHNA BHAT M, ADVOCATE)

AND:

   SRI B S NATARAJA
   S/O. R SRINIVASA
   AGED ABOUT 48 YEARS
   R/AT: NO: 38/12, 2ND MAIN ROAD
   OPP: AISHWARYA APARTMENTS
   SHIVANAGAR, BENGALURU - 560 010.

                                            ...RESPONDENT
(BY SRI. SHANTAKUMAR K C, ADVOCATE)

     THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT DATED 24.01.2022 PASSED BY
THE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-56) IN CRL.A.NO.1161/2016 AND ETC.,




IN CRIMINAL REVISION PETITION NO. 520 OF 2022

BETWEEN:
                             -4-
                                          NC: 2024:KHC:29557
                                      CRL.RP No. 521 of 2022
                                  C/W CRL.RP No. 512 of 2022
                                      CRL.RP No. 516 of 2022
                                      CRL.RP No. 520 of 2022




   SRI. S. KUMARASWAMY
   S/O LATE SHANTHAVEERAIAH
   AGED ABOUT 45 YEARS
   R/AT NO 254/2
   VEERABHADRA NILAYA
   TGN LAYOUT, B.H.ROAD
   BEHIND MEENAKSHI BHAVANA
   NEAR GOVT. JUNIOR COLLEGE
   SHIVAMOGGA - 577 201.

                                                ...PETITIONER
(BY SRI. VIJAYA KRISHNA BHAT M, ADVOCATE)

AND:

   SRI B S NATARAJA
   S/O. R SRINIVASA
   AGED ABOUT 48 YEARS
   R/AT: NO: 38/12, 2ND MAIN ROAD
   OPP: AISHWARYA APARTMENTS
   SHIVANAGAR, BENGALURU - 560 010.

                                              ...RESPONDENT
(BY SRI. SHANTAKUMAR K C, ADVOCATE)

       THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT DATED 24.01.2022 PASSED BY
THE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-56) IN CRL.A.NO.1162/2016 AND ETC.,


       THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:


CORAM:     HON'BLE MR JUSTICE V SRISHANANDA
                                -5-
                                             NC: 2024:KHC:29557
                                         CRL.RP No. 521 of 2022
                                     C/W CRL.RP No. 512 of 2022
                                         CRL.RP No. 516 of 2022
                                         CRL.RP No. 520 of 2022




                     ORAL ORDER

(PER: HON'BLE MR JUSTICE V SRISHANANDA)

1. Joint memo is filed in respect of all the four revision petitions.

2. Placing the joint memo on record, all the four criminal revision petitions stand disposed of in terms of the joint memo.

3. It is made clear that balance of Rs.8,80,000/- is not paid as agreed in the joint memo, the order of conviction and sentence passed by the Trial Magistrate confirmed by the First Appellate Court stands restored automatically.

4. After payment of entire agreed amount of Rs.10,00,000/- as agreed in the joint memo, fine amount of Rs.10,000/- ordered by the Trial Magistrate confirmed by the First Appellate Court in each of the revision petitions towards the defraying expenses of the State stands set aside.

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NC: 2024:KHC:29557 CRL.RP No. 521 of 2022 C/W CRL.RP No. 512 of 2022 CRL.RP No. 516 of 2022 CRL.RP No. 520 of 2022 The amount in deposit in a sum of Rs.1,20,000/- is ordered to be withdrawn by the respondent/complainant under due identification.

Sd/-

(V SRISHANANDA) JUDGE UN List No.: 1 Sl No.: 53