S Nagaraja vs R Shivanna

Karnataka High Court

S Nagaraja vs R Shivanna on 25 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                    NC: 2024:KHC:29692
                                                CRL.RP No. 177 of 2016




                 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.177 OF 2016
            BETWEEN:

            1.    S NAGARAJA
                  S/O LATE SEENAPPA,
                  AGED ABOUT 53 YEARS,
                  R/A NO.38/1, 14TH CROSS,
                  22ND MAIN ROAD,
                  RAGHAVENDRA LAYOUT,
                  PADMANABHANAGAR,
                  BANGALORE-560070
                                                        ...PETITIONER
            (BY SMT.SARITHA.A.L, FOR SRI ANILKUMAR.B.S, ADVOCATES)

            AND:

            1.    R SHIVANNA
                  S/O RUDRAPPA,
                  AGED ABOUT 66 YEARS,
Digitally         R/AT NO.280, 8TH MAIN ROAD,
signed by         PIPELINE ROAD, VIJAYANAGAR,
MALATESH          BANGALORE-560040
KC                                               ...RESPONDENT
Location: (BY SRI SIDDAPPA S JOOCHANI, ADVOCATE)
HIGH
COURT OF       THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
KARNATAKA CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER OF
            CONVICTION      DATED      27.11.2014     PASSED     IN
            C.C.NO.6973/2011 ON THE FILE OF XVI A.C.M.M., BANGALORE
            AND FURTHER SET ASIDE THE JUDGMENT PASSED BY THE
            LXVI ADDL. CITY CIVIL AND S.J., BANGALORE CITY IN
            CRL.A.NO.9/2015 VIDE ITS JUDGMENT DATED 04.01.2016 AND
            THEREBY ACQUIT THE PETITIONER BY ALLOWING THIS
            REVISION PETITION.
                                -2-
                                                 NC: 2024:KHC:29692
                                          CRL.RP No. 177 of 2016




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

                         ORAL ORDER

Memo filed which reads as under:

"The Revision Petitioner most humbly submits as under:

The matter pertaining to the recovery of cheque amount under Section 138 of N.I.Act, 1882. The Hon'ble Trial Court has order for the Rs.4,00,000/- and with fine of Rs.5000/- in C.C.No.6973/2011. The revision petitioner and respondent mutually agreed to settle the matter out of the Court. The petitioner has paid the Rupees.1,75,000/- (Rupees One Lakh Seventy Five Thousand Only) before this Hon'ble Court on 23.07.2024 and Rs.60,000/- in the form of D.D. bearing No.594876 dated 25.07.2024. The Revision Petitioner has already paid the Rs.40,000/- before the Hon'ble Trial Court.

Therefore, the above matter was settled between the parties and this revision petitioner has deposited Rs.2,35,000/- before this Hon'ble Court as on today. And Rs.40,000/- before the Hon'ble Trial Court. In total Rs.2,75,000/- has paid in favour of the respondent. Therefore, the same may be considered and close the above proceedings as a compromise to meet the ends of justice.

NC: 2024:KHC:29692 CRL.RP No. 177 of 2016 Wherefore, the above proceedings may kindly be dropped in the interest of justice and equity."

2. In view of the memo, petition stands disposed of.

3. Demand draft in a sum of ₹60,000/- is tendered by the revision petitioner to the respondent. Same is acknowledged.

4. Fine of Rs.5,000/- imposed by the learned trial Magistrate confirmed by the learned Judge in the first Appellate Court towards defraying expenses of the State is set-aside since lis is privy to the parties.

5. Amount in deposit is ordered to be withdrawn by the complainant under due identification.

Sd/-

(V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 88