Udaya Sarathi vs S.V. Rajesh
2021 Latest Caselaw 4928 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 26TH DAY OF NOVEMBER, 2021

                     BEFORE

    THE HON'BLE MR. JUSTICE V. SRISHANANDA

  CRIMINAL REVISION PETITION NO.59/2017

BETWEEN:

UDAYA SARATHI
S/O LATE PARTHASARATHI,
AGED ABOUT 37 YEARS,
PROPRIETOR,
SARATHI CONSTRUCTION & BORE WELLS,
NO.18, KHB IST STAGE,
NRUPATHUNGA ROAD,
KUVEMPUNAGAR,
MYSURU-570023.
                                     ... PETITIONER

(BY SRI. K. A. CHANDRASHEKARA, ADVOCATE)

AND:

S.V. RAJESH
S/O S. V. VEERAPPA,
AGED ABOUT 37 YEARS,
PROPERIETOR, VINAYAKA PIPES,
GANESH RICE MILL COMPOUND,
RML NAGARA,
SHIVAMOGGA-577201
R/O SHARAVATHI NAGARA,
8TH CROSS,.
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SHIVAMOGGA CITY-577201

                                             ...RESPONDENT
(BY SRI. H.S. PRASHANTH, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH SECTION 401 OF CR.PC
PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND
SENTENCE DATED 01.10.2014 PASSED BY THE LEARNED
JMFC-II AT SHIVAMOGGA IN C.C.NO.3660/2009 AND
CONFIRMED    BY  THE   LEARNED   III ADDL.   S.J.,
SHIVAMOGGA BY THE JUDGMENT AND ORDER DATED
02.11.2016 IN CRL.A.NO.147/2014 FOR THE OFFENCE
P/U/S 138 OF N.I ACT AND TO ACQUIT THE
PETITIONER/ACCUSED.

     THIS CRIMINAL REVISION PETITION COMING ON
FOR HEARING ON INTERLOCUTORY APPLIATIOIN THIS
DAY, THE COURT MADE THE FOLLOWING:-
                         ORDER

Petitioner and the learned counsel appearing for the

petitioner is present. On behalf of respondent,

respondent's counsel is present.

2. A joint memo is filed, which is signed by the

petitioner and his advocate and also by the learned

counsel appearing for the respondent.

3. The matter pertains to an order of conviction of

the revision petitioner under Section 138 of the Negotiable

Instruments Act, 1881. Since the order of the learned

Magistrate is being complied and as per the terms of the

joint memo, there is no impediment for this Court to

dispose of the revision petition placing the joint memo on

record.

5. Accordingly, pass the following:

ORDER

1. The Criminal Revision Petition stands

disposed of in terms of the joint

memo.

2. It is made clear that if there is any

violation of the terms of joint memo,

the order of the learned Magistrate

would stand automatically revived.

3. Amount-in-deposit is permitted to be

withdrawn by the complainant.

4. In view of the joint memo, the

accused is acquitted for the offence

punishable under Section 138 of the

Negotiable Instruments Act, 1881.

Sd/-

JUDGE

VBS