Karnataka High Court
Sri Kempe Gowda vs Sri M Krishnappa on 23 December, 2021
Bench: V Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION NO.1066/2021
C/W
CRIMINAL REVISION PETITION NO.1045/2021
BETWEEN:
SRI.KEMPE GOWDA,
S/OLATE SRI.PAPAPIAH,
AGED ABOUT 51 YEARS,
R/O AT NO.227,
NEAR GOVERNMENT SCHOOL, JAKKUR POST,
BENGALURU - 560 064.
... PETITIONER
(COMMON)
(BY SRI.SAMPATH BAPAT, ADVOCATE)
AND:
SRI.M.KRISHNAPPA,
S/O SRI.MUDDAIAH
AGED ABOUT 34 YEARS,
R/O AT NO.17, 3RD MAIN,
GANESHA BLOCK,
SULTAN PALAYA MAIN ROAD, R.T.NAGAR POST,
BENGALURU - 560 032.
...RESPONDENT
(COMMON)
(BY SRI.R.B.SADASHIVAPPA, ADVOCATE AND
SMT.HARINI B.R., ADVOCATE)
2
IN CRIMINAL REVISION PETITION NO.1066 OF 2021
IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C.
PRAYING TO 1.SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION PASSED BY THE XV A.C.M.M., COURT AT
BENGALURU CITY IN C.C.NO.22713/2014 DATED
09.04.2018 AND ETC.,
IN CRIMINAL REVISION PETITION NO.1045 OF 2021
IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C.
PRAYING TO A.SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION DATED 09.04.2018 PASSED BY THE XV
ADDL.C.M.M., BENGALURU IN C.C.NO.22714/2017 AND
ETC.,
THESE CRIMINAL REVISION PETITIONS COMING ON
FOR ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Parties are present before this Court with their
respective counsels.
2. In respect of both the cases, a common
joint memo is filed. A joint memo reads as under:
" Joint Memo
The parties to the above revision
petition submit as follows:-
1. The parties to the above revision
petition submit that the matter in dispute
in the above petition is amicably settled
between the parties in the following terms.
2. The Cheque amount in the
above revision petition is Rs.10,00,000/-
3. The parties to the above revision
petition submit that in the criminal revision
petition No.1045/2021, the cheque amount
is Rs.7,00,000/-
4. The parties submit that parties
to the above revision petition, i.e.,
Crl.R.P.No.1066/2021 and
Crl.R.P.No.1045/2021 are common.
5. The parties to the above petition
submit that total amount of 2 cheques is
Rs.17,00,000/-
6. It is mutually agreed between
the parties that the petitioner/accused shall
pay Rs.15,00,000/-, there remains a
balance of Rs.5,50,000/- to the respondent
as against Rs.17,00,000/- in full settlement
of the claims of the respondent in the 2
revision petitions.
7. The petitioner undertakes to pay
the balance amount of Rs.5,50,000/- in 6
equal monthly installments as detailed
below:-
1. The 1st installment of
Rs.1,00,000/- shall be paid on or before
31/01/2022
2. The 2nd installment of
Rs.1,00,000/- shall be paid on or before
31/01/2022.
3. The 3rd installment of
Rs.1,00,000/- shall be paid on or before
28/02/2022.
4. The 4th installment of
Rs.1,00,000/- shall be paid on or before
31/03/2022.
5. The 5th installment of
Rs.1,00,000/- shall be paid on or before
30/04/2022.
6. The 6th installment of
Rs.50,000/- shall be paid on or before
31/05/2022.
8. The petitioner/accused
undertakes to pay the aforesaid
Rs.5,50,000/- in 5 equal installments as
aforesaid at Rs.1,00,000/- each month and
50,000/- last installment the said payment
shall be made by the petitioner/accused to
the respondent/complainant by way of
demand draft.
9. The petitioner in the above
petition submits that he has deposited a
total sum of Rs.7,00,000/- in the above
revision petition pursuant to the interim
orders and in the connect revision petition
C.R.P. No.1045/2021, the
petitioner/accused has deposited a sum of
Rs.2,50,000/-. Thus, the
accused/petitioner in the 2 revision
petitions has deposited a total sum of
Rs.9,50,000/- and the petitioner has no
objection for the respondent to withdraw
the said total sum of Rs.9,50,000/- toward
the claim of the respondent in the 2
revision petitions.
10. In view of the amicable
settlement between the parties, the
complainant/respondent withdraws all his
objections and the grounds urged in the
above revision petition and admits his
liability under the 2 cheques which are the
subject matter of Crl.R.P.No.1066/2021
and Crl.R.P.No.1045/2021.
The parties to the above revision
petition pray that this Hon'ble Court be
pleased to modify the impugned orders in
the 2 revision petitions in terms of the
above settlement and be pleased to acquit
the accused/petitioner, in the interest of
justice and equity.
11. The parties mutually agree that
in case the petitioner/accused commits the
default in payment of any one instalment,
the petitioner shall be liable to pay
damages of Rs.50,000/- on each
instalment."
3. In terms of joint memo, these criminal
revision petitions are disposed of.
4. It is made clear that after payment of the
last installment in a sum of Rs.50,000/- as per Sl.No.6
in joint memo, the accused stands acquitted for the
alleged offences.
5. Amount-in-deposit is ordered to be
withdrawn by the complainant under due
identification.
Ordered accordingly.
Sd/-
JUDGE
VBS
