Citation : 2021 Latest Caselaw 6210 Kant
Judgement Date : 15 December, 2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION NO.354/2013
BETWEEN
SRI SRIRAMULU B
S/O B VENKATARATHNAM
AGED ABOUT 63 YEARS
R/AT NO 51 2ND FLOOR
3RD MAIN ROAD,
MEENAKSHINAGAR
BANGALORE -560079
...PETITIONER
(BY SRI ADI NARAYAN, ADVOCATE)
AND
SRI RAMESH B
S/O LATE JAGANNATH NAIDU
AGED ABOUT 36 YEARS
R/AT NO 67, GOWDANAPALYA,
KEMPANNA LAYOUT,
UTTARAHALLI MAIN ROAD
BANGALORE 560061
...RESPONDENT
(BY SRI CHANDRAHASA RAI.B, ADVOCATE)
THIS CRL.RP IS FILED U/S. 397(1) AND 401(1)
CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
2
DISMISSAL ORDER PASSED BY THE P.O., FTC-V,
BANGALORE IN CRL.A.NO.762/12, DATED:15.3.13 WHICH
S PRODUCED AT ANNEXURE-'A' AND REVERSE THE
FINDINGS AND THE JUDGMENT OF CONVICTION
DATED:17.9.12 PASSED BY THE XVI ADDL.C.M.M.,
BANGALORE IN C.C.NO.41982/10 WHICH IS PRODUCED
AT ANNEXURE 'B'.
THIS CRIMINAL REVISION PETITION COMING ON
FOR HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Parties present with their respective counsels. Joint
Memo dated 15.12.2021, duly signed by the parties and
their respective counsels reads as under:
"The petitioner above named is offering and willing
to pay an amount of Rs.8,00,000/-(rupees eight lakhs
only) as per settlement. The respondent has agreed to the
said offer and is willing to accept the said amount of
Rupees eight lakhs in instalment of Rs.1,50,000(One Lakh
fifty thousand) per month for a period of 4 months and
Rs.2,00,000/-(two lakhs) on 5th and last instalment totally
(eight lakhs) 8,00,000/-."
The contents of the Joint Memo is read over and
explained to the parties and depict true terms of
settlement. Hence, there is no impediment for this court
to dispose of the Revision Petition. Accordingly, pass the
following:
ORDER
(i) Criminal Revision Petition stands disposed of in terms of the Joint Memo.
(ii) It is made clear that if the instalment amount is not paid, as agreed in the Joint Memo, the order of the Trial Court automatically restored.
(iii) The respondent/complainant is permitted to withdraw the amount in deposit.
(iv) If the entire instalment amounts are paid, the accused stands acquitted of the charges levelled against him.
(v) Ordered accordingly.
Sd/-
JUDGE
PL*
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