Karnataka High Court
Sri. H. Babu Jagadish vs Sri. N.S. Kantharaj on 17 December, 2021
Bench: V Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION NO. 794/2019
C/W
CRIMINAL REVISION PETITION NO. 531/2019
IN CRL.RP 794/2019
BETWEEN
SRI. H. BABU JAGADISH
SON OF H.HANUMANTHAIAH,
AGED 50 YEARS,
RESIDING AT NO.630
NEW KANTHRAJ URS ROAD
THONACHIKOPPAL 4TH STAGE
10TH MAIN, MYSORE - 570 009.
...PETITIONER
(BY SRI RUPESH KUMAR S, ADVOCATE)
AND
SRI. N.S. KANTHARAJ
SON OF N.SHANTHARAM,
AGED ABOUT 37 YEARS,
M/S SRI SWAGATH ENTERPRISES,
NO.282/1, 1ST FLOOR,
LAKSHMI VILAS ROAD,
MYSORE - 570 002.
...RESPONDENT
2
(BY SRI VEERESH M. UPPIN, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C
PRAYING TO SET MODIFY THE IMPUGNED JUDGMENT
DATED 14.10.2016 PASSED BY THE JUDICIAL
MAGISTRATE FIRST CLASS (IV COURT) AT MYSURU IN
C.C. NO.741/2015 PRODUCED AT ANNEXURE-A AND THE
JUDGMENT DATED 29.01.2019 PASSED BY THE VII ADDL.
SESSIONS JUDGE, MYSURU IN CRIMINAL APPEAL
NO.224/2016 PRODUCED AT ANNEXURE-B BY ENHANCING
THE SENTENCE OF IMPRISONMENT AND COMPENSATION
AMOUNT AWARDED TO THE TUNE OF DOUBLE THE
CHEQUE AMOUNT.
IN CRL.RP 531/2019
BETWEEN
SRI N S KANTHARAJ
S/O SRI. N. SHANTHARAM
AGED ABOUT 40 YEARS
M/S SRI SWAGATH ENTERPRISES,
NO.282/1, 1ST FLOOR,
LAXMI VILAS ROAD,
MYSURU 570 024.
...PETITIONER
(BY SRI VEERESH M. UPPIN FOR SRI CHANDRANATH
ARIGA K, ADVOCATES)
AND
SRI H BABU JAGADISH
S/O SRI. HANUMANTHAIAH
AGED ABOUT 52 YEARS
NO.630, NEW KANTHARAJ URS ROAD,
THONCHIKOPPAL 4TH STAGE,
3
10TH MAIN,
MYSURU - 570002.
...RESPONDENT
(BY SRI RUPESH KUMAR.S, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT DATED
29.01.2019 PASSED BY THE VII ADDITIONAL SESSIONS
JUDGE, MYSURU, REJECTING THE CRL.A.NO.221/2016
AND SET ASIDE THE JUDGMENT AND ORDER OF
SENTENCE DATED 14.10.2016 PASSED BY THE IV J.M.F.C.,
MYSURU IN C.C.NO.741/2015 AND ALLOW THIS CRL.RP.
THESE CRIMINAL REVISION PETITIONS COMING ON
FOR ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Parties are present before the Court in both the cases.
2. Joint memo duly signed by the parties with their
respective counsel is filed before the Court and the same
reads as under:
"JOINT MEMO
The Petitioner and the Respondent
respectfully submits as under:
The Petitioner and the Respondent have
amicably come to a settlement to end all the
disputes arising out of the above case on the
following terms:
a. The Petitioner has agreed to settle
the above case by making the Payment of
Rs.4,21,000/- (Rupees Four Lakhs Twenty One
Thousand Only) to the respondent in the
following manner:
i. The Petitioner has deposited a sum of
Rs.3,00,000/- before the JMFC IV Court,
Mysore. The Respondent may be permitted to
withdraw the same.
ii. The Petitioner under takes to pay the
remaining amount of Rs.1,21,000/- (Rupees
One Lakh Twenty One Thousand) on or before
20.1.2022.
The Parties have henceforth have agreed
to the aforesaid terms.
WHEREFORE, the Petitioner and the
Respondent Jointly pray this Hon'ble Court to
pass appropriate orders in terms of this joint
memo".
3. The contents of the Joint Memo is read over and
explained to the parties, which depict true terms of
settlement. Hence, there is no impediment for this court
to dispose of the Revision Petitions. Accordingly, pass the
following:
ORDER
(i) Both the Criminal Revision Petitions are
disposed of in terms of the Joint Memo.
(ii) It is made clear that if the instalment
amount is not paid, as agreed to in the Joint
Memo, the order of the Trial Court
automatically restored.
(iii) The respondent/complainant Sri H. Babu
Jagadish in CRL.RP No.531/2019 is
permitted to withdraw the amount in
deposit after due identification.
(iv) If the entire instalment amounts are paid,
Sri N.S. Kantharaj, Revision
Petitioner/accused stands acquitted of the
charges levelled against him.
(v) Ordered accordingly.
Sd/-
JUDGE
KA*
