Sri. V. Jagan Mohan Rao vs Housing Development Finance ...
2021 Latest Caselaw 7057 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 22ND DAY OF DECEMBER, 2021

                      BEFORE

        THE HON'BLE MR.JUSTICE V.SRISHANANDA

  CRIMINAL REVISION PETITION NO.456/2021

BETWEEN :

SRI. V. JAGAN MOHAN RAO,
SON OF LATE V PUSHPA RAO,
AGE ABOUT 50 YEARS,
RESIDING AT NO.705,
VIJAY TOWERS, RPC LAYOUT,
2ND MAIN ROAD, VIJAY NAGAR,
BENGALURU - 560 040.                   ...PETITIONER

(BY SRI.FREUD RICHARDSON, ADVOCATE)

AND :

HOUSING DEVELOPMENT FINANCE
CORPORATION LIMITED (HDFC),
A COMPANY REGISTERED UNDER
THE INDIAN COMPANY ACT, 1956,
NO.51, HDFC HOUSE, KASTURBA ROAD,
BENGALURU - 560 001.
REPRESENTED BY ITS
POWER OF ATTORNEY HOLDER
ASST. MANAGER CREDIT RISK
MANAGEMENT LEGAL,
SRI.SRIDHAR CHINNI.                   ... RESPONDENT

(BY SRI. S.RAMAKRISHNAN, ADVOCATE)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C. PRAYING TO SET
ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED
08.01.2020 PASSED BY THE LXIV ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU (CCH-65), BENGALURU
IN CRL.A.NO.36/2019 (ANNEXURE - A) AND THE JUDGMENT
AND ORDER OF SENTENCE DATED 07.12.2018 PASSED BY
THE XXXVI ADDL.C.M.M., BENGALURU IN C.C.NO.1402/2018
(ANNEXURE - B).
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     THIS CRIMINAL REVISION PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-


                           ORDER

A joint memo is filed by the parties, which is

signed by both the parties and their respective counsels.

The joint memo reads as under:

"The undersigned parties hereby state that the disputes between the parties are settled for full and final settlement amount of Rs.50,00,000/- (Rupees Fifty Lakhs only) on or before 30th January, 2022. It was also mutually agreed that upon realization of payment, the respondent undertakes to withdraw O.S.No.1879/2020. (Money Recovery Suit), drop sarfeasi proceedings and hand over physical possession to petitioner and will not have any further claims in respect of the same."

2. Placing the joint memo on record, the

Criminal Revision Petition stands disposed off.

It is made clear that the amount in deposit if any

is to be withdrawn by the complainant/respondent.

However, if there is a failure to adhere to the terms of

the joint memo as agreed, the order of the trial

Magistrate stands restored.

After payment of all the installment, accused

stands acquitted for the offences punishable under

Section 138 of the Negotiable Instruments Act, 1881.

Sd/-

JUDGE NR/-