Ramesh Ellur vs Musthaqu Ahmed
2022 Latest Caselaw 2903 Kant

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           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 21ST DAY OF FEBRUARY, 2022

                        BEFORE

        THE HON'BLE MR. JUSTICE V.SRISHANANDA

 CRIMINAL REVISION PETITION No.200002/2022


BETWEEN:

RAMESH ELLUR
S/O; RAMAKRISHNASHETTY ELLUR,
AGE: 44 YEARS, OCC: BUSINESS,
R/O: WARD NO.3, BESIDE METI
CHANNAPPA HOUSE, BRAHAMIN
STREET, SINDHANUR, TQ: SINDHANUR,
DIST: RAICHUR-584101.
                                     ... PETITIONER
(BY SRI SHIVNAND V.PATTANSHETTI, ADVOCATE)

AND:

MUSTHAQU AHMED
S/o; MEHEBOOB AHMED,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: NGO LAYOUT, 2ND CROSS,
MAHEBOOBIYA COLONY,
SINDHANUR, TQ: SINDHANUR,
DIST: RAICHUR-584101.
                                       ... RESPONDENT

(BY SRI PUNITH MARKAL, ADV.)
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     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO
CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT
DATED 15.12.2021 PASSED BY PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT RAICHUR IN CRL.A.NO.34/2019,
WHEREIN THE APPEAL FILED BY THE PETITIONER WAS
DISMISSED THEREBY CONFIRMING THE JUDGMENT OF
CONVICTION AND ORDER OF SENTENCE DATED
26.08.2019 PASSED BY THE II ADDL. CIVIL JUDGE & JMFC
AT SINDHANUR IN C.C.NO.829/2018 FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I.ACT AND
CONSEQUENTLY     BE   PLEASED    TO    ACQUIT    THE
PETITIONER.

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

                           ORDER

The joint memo duly signed by the parties and their

respective counsel is filed. The said memo reads as under:

JOINT MEMO

"Herein the Advocates for the petitioner/respondent submitting as follows:

In the above said case petitioner and respondent settled the matter by paying the Rs.2,10,000/- for full and final settlement, petitioner out of Rs.2,10,000/- already he has deposited before the Trial Court sum of Rs.1,05,000/-. The petitioner has paid rest of amount Rs.1,05,000/- to the

respondent/complainant on 20.02.2022 through cash. The respondent/complainant may kindly be permitted to withdraw the deposited amount of Rs.1,05,000/-. Hence, same may be taken on record, in the interest of justice.

Hence, this memo."

2. In terms of the joint memo, the Criminal

Revision Petition stands disposed of and accused stands

acquitted.

Amount in deposit is ordered to be withdrawn by

the complainant under due identification.

Sd/-

JUDGE

KA