Mr Pothuri Reddappa Naidu vs Mr H Y Nagaraja

Karnataka High Court

Mr Pothuri Reddappa Naidu vs Mr H Y Nagaraja on 26 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                     NC: 2024:KHC:29901
                                                CRL.RP No. 1168 of 2021




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 26TH DAY OF JULY, 2024

                                    BEFORE
                   THE HON'BLE MR JUSTICE V SRISHANANDA
               CRIMINAL REVISION PETITION NO. 1168 OF 2021
            BETWEEN:

               MR. POTHURI REDDAPPA NAIDU,
               S/O MR. NAGALAKSHMAIAH NAIDU,
               AGED ABOUT 63 YEARS,
               NO.19, 1ST FLOOR,
               'GOLUL NIVAS', 23RD CROSS,
               'G' BLOCK, SAHAKARA NAGAR,
               BANGALORE 560 092
                                                          ...PETITIONER
            (BY SRI. MALLESAPPA L., ADVOCATE)

            AND:

               MR. H.Y. NAGARAJA
               S/O MR. YARRAPPA,
Digitally      AGED ABOUT 53 YEARS,
signed by
MALATESH       NO.123, KATHARIGUPPE
KC             BSK 3RD STAGE,
Location:      BANGALORE 560 085
HIGH
COURT OF                                                 ...RESPONDENT
KARNATAKA   (BY SRI. Y. HARIPRASAD., ADVOCATE)

                 THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
            PRAYING TO A. SET ASIDE THE JUDGMENT AND ORDER OF
            CONVICTION PASSED IN C.C.NO.21788/2016 ON 24.02.2018
            BY THE XIII ACMM, BANGALORE, CONVICTING THE
            PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I ACT AND
            SENTENCING HIM TO PAY A FINE OF RS.6,25,000/- AND IN
                               -2-
                                           NC: 2024:KHC:29901
                                      CRL.RP No. 1168 of 2021




DEFAULT TO PAY THE FINE AMOUNT TO UNDERGO S.I FOR A
PERIOD OF 6 MONTHS.

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


                         ORAL ORDER

Joint memo is filed by the parties, signed by their respective Advocates and respondent.

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

3. On payment of balance amount of Rs.50,000/- as agreed in the joint memo on or before 30.08.2024, fine amount imposed by the learned Trial Magistrate confirmed by the First Appellate Court in a sum of Rs.5,000/- towards defraying expenses of the State stands set aside.

4. If the amount as agreed in the joint memo is not paid, the order of conviction and sentence ordered by the learned Trial Magistrate confirmed by the First Appellate Court stands automatically restored. -3-

NC: 2024:KHC:29901 CRL.RP No. 1168 of 2021

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

Sd/-

(V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 49