Sri P H Nagaraju vs Sri Umashankar
2021 Latest Caselaw 5496 Kant

                          1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 04th DAY OF DECEMBER, 2021

                       BEFORE

    THE HON'BLE MR. JUSTICE V. SRISHANANDA

 CRIMINAL REVISION PETITION NO. 846/2021


BETWEEN:

  1. SRI. P.H.NAGARAJU
     S/O LATE HANUMAIAH, AGED ABOUT 36 YEARS

  2. SRI. LOKESH
     S/O LATE HANUMAIAH, AGED ABOUT 32 YEARS

       BOTH ARE RESIDING AT
       PARASANAPALYA VILLAGE, BIDADI HOBLI
       RAMANAGARA DISTRICT, PIN-571511

                                       ... PETITIONERS
(BY SRI. A.V.RAMAKRISHNA., ADVOCATE)

AND:

       SRI. UMASHANKAR
       S/O RANGASWAMAIAH, AGED ABOUT 38 YEARS
       R/AT PRASANAPALYA VILLAGE, BIDADI HOBLI
       RAMANAGARA DISTRICT, PIN-571511

                                       ...RESPONDENT
(BY SMT. RADHIKA. M, ADVOCATE)
                             2

      THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH SECTION 401 OF CR.PC
PRAYING TO SET ASIDE THE JUDGMENT DATED 28.4.2021
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS
JUDGE, RAMANAGARA IN CLR. A NO.14/2018 AND
JUDGMENT OF CONVICTION AND SENTENCE DATED
24.4.2018 PASSED BY THE ADDITIONAL CIVIL JUDGE AND
JMFC., RAMANAGARA IN C.C.NO.829/2012 BY ALLOWING
THIS CRL.RP AND ACQUIT THE PETITIONERS FROM THE
CHARGED OFFENCE.

     THIS CRIMINAL REVISION PETITION COMING ON
FOR ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:-
                         ORDER

Parties are present before the Court and they have

filed a joint memo along with an application - I.A.

No.2/2021 under Section 147 of the Negotiable

Instruments Act, 1881.

2. Heard Sri. A. V. Ramakrishna, learned counsel

appearing for the revision petitioners and Smt. Radhika M.,

learned counsel appearing for the respondent. Perused the

joint memo and I.A. No.2/2021.

3. The complainant acknowledges the receipt of

Rs.50,000/- before this Court in cash and a sum of

Rs.60,000/-, which is kept in deposit is agreed to be

withdrawn by the complainant. Therefore, it is seen that

the entire amount stands paid. Hence, there is no

impediment for this Court to dispose of the criminal

revision petition in terms of joint memo. Accordingly,

application - I. A. No.2/2021 is filed under Section 147 of

the Negotiable Instruments Act, 1881 stands allowed.

4. By withdrawing a sum of Rs.60,000/- in

deposit, since the entire amount of Rs.1,10,000/- stands

paid to the complainant. As such, accused stands

acquitted for the alleged offence.

5. With this observation, the Criminal Revision

Petition stands disposed of.

Sd/-

JUDGE VBS