D D Rajendra vs G R Prathap
2021 Latest Caselaw 6212 Kant

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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.490/2016

BETWEEN:

D.D.RAJENDRA,
S/O LATE DYAVEGOWDA,
AGED ABOUT 36 YEARS,
R/O IDALLY, KANATHI VILLAGE AND POST,
CHIKKAMAGALUR TQ AND DISTRICT - 577 101.
                                      ... PETITIONER
(BY SRI.GIRISH B BALADARE, ADVOCATE)

AND:

G.R.PRATHAP,
S/O LATE RAMEGOWDA,
AGED ABOUT 30 YEARS,
R/AT GOWDAHALLY VILLAGE AND POST,
MUDIGERE TQ.,
CHIKKAMAGALUR DISTRICT - 577 101.
                                      ...RESPONDENT
(BY SRI.NAVEEN KUMAR, ADVOCATE FOR
    SRI.A.MADHUSUDHANA RAO, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH SECTION 401 OF CR.PC
PRAYING TO SET ASIDE THE JUDGMENT DATED
09.01.2014 PASSED BY THE LEARNED II ADDL. CIVIL
JUDGE    AND    JMFC  AT    CHIKKAMAGALUR     IN
CRL.C.NO.102/2012 BY CONVICTING THE PETITIONER
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AND THE SAME ORDER WAS CONFIRMED BY THE
APPELLATE COURT BY DISMISSING THE APPEAL FILED BY
THE PETITIONER THE JUDGMENT DATED 01.01.2016
PASSED BY THE II ADDL. S.J., AT CHIKKAMAGALUR IN
CRL.A.NO.15/2014 AND THE PETITIONER TO BE
ACQUITTED FOR THE OFFENCE ALLEGED AGAINST HIM.


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

                        ORDER

Revision petitioner is absent, learned counsel

appearing for the revision petitioner is present, respondent

and his counsel are present.

2. After hearing the learned counsel appearing for

the revision petitioner and the learned counsel appearing

for the respondent, a joint memo is filed by both the

parties. Joint memo reads under:

"1. It is submitted that there is concurrent findings by the both Courts below by convicting the petitioner for the offence punishable under Section 138 of the NI Act.

2. The petitioner is convicted by awarding compensation of Rs.1,00,000/-. Out of which, Rs.23,750/- (Rupees Twenty Three Thousand Seven Hundred and Fifty Only) is deposited and the receivable amount is liable to be paid on or before 28.02.2022 that is Rs.76,250/-. If the said amount is not paid, the order passed by the Courts below is restored.

3. The both the parties are agreed for the tenure mentioned above."

3. In view of joint memo, the writ petition stands

disposed of. It is made clear that if the amount as agreed

by the joint memo is not paid on or before the end of

February - 2022, the order of the trial Magistrate stands

automatically restored.

Amount-in-deposit is ordered to be withdrawn by the

complainant.

Sd/-

JUDGE

VBS