Karnataka High Court
Sri B P Arun vs Sri Suresh Nagaraj Shasthry on 4 June, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:19168
CRL.RP No. 207 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.207 OF 2021
BETWEEN:
SRI B P ARUN
S/O P BALAKRISHNA,
AGED ABOUT 44 YEARS,
RESIDING AT T-F-2 APARTMENTS,
NO.10, SURYA RESIDENCY,
7TH MAIN, RAJEEV NAGAR,
BANASHANKARI 3RD STAGE,
BENGALURU-560085
...PETITIONER
(BY SRI G M SRINIVASAREDDY, ADVOCATE)
AND:
SRI SURESH NAGARAJ SHASTHRY
S/O NAGARAJ SHASTRY,
AGED ABOUT 50 YEARS,
RESIDING AT T-F-4 APARTMENTS,
NO.1.5, HI-TECH CITADEL,
Digitally
signed by R 19TH CROSS, 17TH MAIN,
MANJUNATHA PADMANABHANAGARA,
Location:
HIGH COURT BENGALURU-560070
OF
KARNATAKA ...RESPONDENT
(BY SRI N.M.PRUTHVIRAJ, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C
PRAYING TO SET ASIDE BOTH THE JUDGMENT AND ORDER DATED
13.12.2019 PASSED BY THE LEARNED LXI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH-62), BENGALURU IN CRL.A.No.
312/2014 AND ALSO THE JUDGMENT AND ORDER 14.03.2014
PASSED BY THE LEARNED XXII ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BENGALURU IN C.C.No.3403/2009 AND ACQUIT THE
PETITIONER HEREIN FOR THE CHARGED OFFENCE.
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NC: 2024:KHC:19168
CRL.RP No. 207 of 2021
THIS CRL.RP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Memo is filed. Parties are present.
2. An application under Section 147 of the Negotiable Instruments Act ('N.I.Act' for short) is filed, signed by both the parties and their respective advocates along with affidavits of both the parties.
3. In view of the settlement reported and the entire cheque amount is settled and last installment is on 15th September 2024, accused stands acquitted for the offence punishable under Section 138 of the N.I Act, by allowing the application filed under Section 147 of the N.I.Act, after payment of the last installment on 15th September 2024.
4. In the event of non- payment of the last installment, the Order passed by the Trial Court confirmed by the First Appellate Court stands automatically revived.
5. Today, in pursuance of the settlement, demand draft in a sum of Rs.75,000/- is tendered by the revision petitioner to the respondent. Same is acknowledged by signing the order sheet. -3-
NC: 2024:KHC:19168 CRL.RP No. 207 of 2021 In the event of non-payment, matter may be listed before the Court.
6. Amount in deposit is ordered to be withdrawn by the complainant under due identification.
7. Accordingly, Revision Petition is disposed of.
Sd/-
JUDGE kcm List No.: 1 Sl No.: 52