B.V.Gangadhara vs V. Srinivasa
2022 Latest Caselaw 6249 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 6TH DAY OF APRIL, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE H.P. SANDESH

        CRIMINAL REVISION PETITION NO.1397/2021

BETWEEN

B V GANGADHARA
S/O VENKATARAMANAPPA
AGED ABOUT 54 YEARS
R/AT BALLASAMUDRA VILLAGE
SRIRAMPURA HOBLI
HOSADURGA TALUK
CHITRADURGA DISTRICT -577527
                                                 ...PETITIONER
(BY SRI SATHEESH T V, ADVOCATE)

AND

V SRINIVASA
S/O VENKATARAMA NAIDU
AGED ABOUT 43 YEARS
AGRICULTURIST
R/AT BALLASAMUDRA VILLAGE
SRIRAMPURA HOBLI
HOSADURGA TALUK
CHITRADURGA DISTRICT-577527
                                                ... RESPONDENT

(BY SRI D V RAGHAVENDRA GOKULA, ADVOCATE)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 RW SECTION 401 OF CR.PC PRAYING TO SET
ASIDE   THE   JUDGMENT   AND       CONVICTION   ORDER   DATED
                                    2



18.02.2020 PASSED BY THE ADDITIONAL CIVIL JUDGE AND
JMFC, HOSADURGA IN C.C.NO.1134/2016 FOR THE OFFENCE
P/U/S 138 OF N.I ACT AND ETC.


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



                                ORDER

The petitioner along with his counsel is present and the

learned counsel for the respondent is present and the

respondent is absent.

2. This Court directed to keep both the parties present

before the Court and on 25.03.2022, the counsel for the

respondent seeks time on the ground that the mother of the

respondent is not feeling well. The counsel for the petitioner

submits that the entire amount was paid to the respondent on

27.01.2022 and the respondent also admitted the said fact and

also affixed his signature on the joint memo as well as the

application filed under Section 147 of N.I.Act and in the joint

memo, there is no undertaking for payment since the payment is

already been made. Hence, I.A.No.2/2022 is allowed and the

joint memo is accepted. Consequently, the petitioner is

acquitted for the offence punishable under Section 138 of

N.I.Act. The petitioner is also entitled to withdraw the amount

which has been deposited before the Trial Court since he had

already paid the entire amount to the respondent.

Sd/-

JUDGE

SN