Sri Ramesh H vs Smt Rathna
2021 Latest Caselaw 1492 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 29TH DAY OF JANUARY, 2021

                     BEFORE

THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

  CRIMINAL REVISION PETITION NO.756 OF 2019

BETWEEN:

SRI RAMESH H,
S/O.LATE HANUMANTHAIAH,
AGED ABOUT 46 YEARS,
ASSISTANT TEACHER,
GOVT.HIGHER PRIMARY SCHOOL,
KODIGEHALLI,
NELAMANGALA TALUK,
DODDABELE POST,
THYAMAGONDLU,
BANGALORE RURAL
DISTRICT - 562132.                   ...PETITIONER

(BY SRI PUTTARAJU H FOR SRI S JAGAN BABU,
ADVOCATES)

AND:

SMT RATHNA
W/O.LATE NANJUNDAIAH,
AGED ABOUT 49 YEARS,
R/AT.NO.175/1,
II MAIN ROAD,
9TH CROSS,
HOYSALANAGAR,
SUNKADAKATTE,
BANGALORE-560091.                   ...RESPONDENT

(BY SRI B.SHREYAS FOR BRS ASSOCIATES - ADVOCATE)
                          2



      THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET
ASIDE THE PART OF JUDGMENT AND ORDER DATED
14.03.2019 PASSED BY THE LX ADDITIONAL CITY CIVIL
AND      SESSIONS      JUDGE,     BENGALURU    IN
CRL.A.NO.1005/2017 AND FURTHER SET ASIDE THE
JUDGMENT AND CONVICTION ORDER DATED 30.06.2017
PASSED BY THE PRINCIPAL XIX ADDL. C.M.M.,
BENGALURU IN AND PASS AN ORDER TO REMAND BACK
THE C.C.NO.8234/2016 TO THE TRIAL COURT TO
DISPOSE OF THE SAID CRIMINAL CASE AFRESH, FROM
THE STATE OF 313 STATEMENT ONWARDS AND RESTORE
THE SAID FILE IN ITS ORIGINAL NUMBER.

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:


                      ORDER

Petitioner and respondent have filed a joint

memo wherein it is stated that the matter has been

amicably settled between the parties. The petitioner

has agreed to pay the entire cheque amount to the

respondent and the respondent has agreed to

receive the same.

2. Counsel for the petitioner submits that

on the date of filing the memo the amount was not

paid, but thereafter the petitioner has paid a sum of

Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand

only) to the respondent. The respondent is present

before the Court and acknowledges the same.

Further it is submitted that an amount of

Rs.50,000/- (Rupees Fifty Thousand only) which

has been deposited before the trial Court in C.C.

No.8234/2016 shall be released to the respondent.

3. In view of the joint memo filed by both

the parties and their counsels, the order passed by

the Courts below deserve to be set aside.

Accordingly, I pass the following -

ORDER

This Criminal Revision Petition is allowed.

The judgment and order dated 14.03.2019

passed by LX Additional City Civil and Sessions

Judge (CCH-61), Bengaluru in Criminal Appeal

No.1005/2017 and the judgment and conviction

order passed by XIX ACMM, Bengaluru in C.C.

No.8234/2016 dated 30.06.2017 are set aside.

Sd/-

JUDGE

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