Karnataka High Court
H C Shankar vs M Renukappa on 20 December, 2021
Bench: V Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION NO.427 OF 2018
BETWEEN:
H.C.SHANKAR
S/O. CHALUVEGOWDA
AGED ABOUT 57 YEARS
R/AT HEAD ARMS GUARD
STATE BANK OF MYSORE
SUBRAMANYANAGARA LAYOUT
TURUVEKERE TALUK
PIN: 572 227. ... PETITIONER
(BY SRI UMESHA G., ADV.)
AND:
M. RENUKAPPA
S/O. MUDALAGIRIGOWDA
AGED ABOUT 41 YEARS
R/AT SHANTHA NILAYA
KALKERE VILLAGE
KASABA HOBLI
TURUVEKERE TALUK
PIN: 572 227. ... RESPONDENT
(BY SRI M.B.HARIPRASAD, ADV.)
2
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND
SENTENCE AND FINE IMPOSED BY THE LEARNED CIVIL
JUDGE AND JMFC, TURUVEKERE, VIDE JUDGMENT DATED
07.02.2017, PASSED IN C.C.NO.152/2016 AND FURTHER
BE PLEASED TO SET ASIDE THE JUDGEMENT CONFIRMED
BY THE LEARNED V ADDITIONAL DISTRICT AND
SESSIONS JUDGE, TIPTUR, VIDE JUDGMENT DATED
21.03.2018, PASSED IN CRL. APPEAL NO.10009/2017 AND
FURTHER BE PLEASED TO ACQUIT THE PETITIONER.
THIS CRIMINAL REVISION PETITION COMING ON
FOR FINAL HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Joint memo signed by the parties with their
respective counsel is filed. The joint memo reads as
under:
"JOINT MEMO
The above named petitioner and
respondent most humbly submit as follows:
It is submitted that the petitioner and
respondent have settled the above matter out of
Court in C.C.No.152/2016 and the Hon'ble
Principal Civil Judge and JMFC Court at
Turuvekere, vide Judgment dated 07.02.2017.
It is submitted that the petitioner has
challenged the order passed by the Trial Court in
Crl. Appeal No.10009/2017, dated 21.03.2018
and the same was confirmed. Thereafter, once
again the petitioner has challenged the order
passed by the Court below before this Hon'ble
Court.
It is submitted that the matter has been
settled between parties and respondent out of
Court and therefore this Hon'ble Court be pleased
to set-aside the order passed by the Hon'ble
Principal Civil Judge and JMFC Court at
Turuvekere, in C.C.No. 152/2016, vide judgment
dated: 07.02.2017 and the petitioner was
deposited the fine amount before the Trial Court
and the petitioner is at liberty to withdraw the
amount deposited before the Trial Court and this
Hon'ble Court be pleased to grant permission for
the same and be pleased to take the same on
record. Hence, this memo, in the interest of
justice."
However, the parties are absent.
Learned counsel for the respondent is present and
confirms that respondent has signed the joint memo.
Hence, there is no impediment for this Court to dispose of
the Revision Petition in terms of the joint memo.
Accordingly, the Criminal Revision Petition is
disposed of in terms of the joint memo.
Since, the entire amount is paid, the accused stands
acquitted. The amount in deposit if any is ordered to be
withdrawn by the accused/Revision Petitioner under due
identification.
Sd/-
JUDGE
KA*
