Karnataka High Court
Mr B V Siddalinga Devaru vs Sri Uday Shankar R Prabhu on 8 September, 2022
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL REVISION PETITION NO.902 OF 2021
C/W
CRIMINAL REVISION PETITION NO.917 OF 2021
IN CRL. R.P NO.902 OF 2021
BETWEEN
MR. B.V. SIDDALINGA DEVARU
S/O. LATE B. VIRUPAKSHA,
AGED ABOUT 60 YEARS,
RESIDING AT NO. 15,
B MAIN, 11TH CROSS,
PRASHANTHANAGAR,
BANGALORE-560 079.
ALSO AT:
PROPRIETOR OF
M/S SWASTIK PRINTERS
NO. 27/1, 3RD CROSS,
3RD MAIN, BELOW VIJAYA BANK,
VIJAYANAGAR,
BANGALORE-560 040. ... PETITIONER
[BY SRI. ARUN KUMAR D N., ADVOCATE]
AND
SRI. UDAY SHANKAR R. PRABHU
S/O. LATE R. M. PRABHU,
AGED ABOUT 62 YEARS,
RESIDING AT HRC ANANYA,
APARTMENT NO. 1003,
2
10TH FLOOR,
JUDICIAL LAYOUT MAIN ROAD,
OFF: ALLALASANDRA,
BANGALORE-560064. ... RESPONDENT
[BY SRI. M SUBRAMANI, ADVOCATE FOR RESPONDENT]
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 CR.P.C., PRAYING TO SET ASIDE THE
ORDER OF CONVICTION AND SENTENCE DATED 31.12.2015
PASSED BY THE XIII ADDITIONL. C.M.M., BENGALURU IN
C.C.NO.19808/2014 AND SET ASIDE THE ORDER OF
CONFIRMATION 07.04.2021 PASSED BY THE LXI ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU(CCH-62) IN
CRL.A.NO.67/2016 AND ACQUIT THE PETITIONER.
IN CRL. R.P NO.917 OF 2021
BETWEEN
MR. B.V. SIDDALINGA DEVARU
S/O. LATE B. VIRUPAKSHA,
AGED ABOUT 60 YEARS,
RESIDING AT NO. 15,
B MAIN, 11TH CROSS,
PRASHANTHANAGAR,
BANGALORE-560 079.
ALSO AT:
PROPRIETOR OF
M/S SWASTIK PRINTERS
NO. 27/1, 3RD CROSS,
3RD MAIN, BELOW VIJAYA BANK,
VIJAYANAGAR,
BANGALORE-560 040. ... PETITIONER
[BY SRI. ARUN KUMAR D N., ADVOCATE]
3
AND
SRI. UDAY SHANKAR R. PRABHU
S/O. LATE R. M. PRABHU,
AGED ABOUT 62 YEARS,
RESIDING AT HRC ANANYA,
APARTMENT NO. 1003,
10TH FLOOR,
JUDICIAL LAYOUT MAIN ROAD,
OFF: ALLALASANDRA,
BANGALORE-560064. ... RESPONDENT
[BY SRI. M SUBRAMANI, ADVOCATE FOR RESPONDENT]
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 CR.P.C., PRAYING TO SET ASIDE THE
ORDER OF CONVICTION AND SENTENCE PASSED BY THE
HONBLE 13TH A.C.M.M., AT BENGALURU IN
C.C.NO.19810/2014 VIDE JUDGMENT DATED:31.12.2015
AND SET ASIDE THE ORDER OF CONFIRMATION PASSED IN
CRL.A.NO.68/2016 BY THE HONBLE LXI ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU VIDE
JUDGEMENT DATED:07.04.2021 AND ACQUIT THE
PETITIONER.
THESE CRIMINAL REVISION PETITIONS COMING ON FOR
ADMISSION, THROUGH VIDEO CONFERENCE/PHYSICAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These two revision petitions are preferred by the
accused challenging the conviction and sentence passed
against him for the offence punishable under Section 138
of N.I. Act.
2. Crl.RP No.902/2021 arises out of the order
dated 31.12.2015 passed in C.C.No.19808/2014 on the
file of the Court of XIII Additional Chief Metropolitan
Magistrate, Bangalore and Criminal Appeal No.67/2016
dated 07.04.2021 on the file of the Court of the LXI
Additional City Civil and Sessions Judge, Bengaluru City.
3. The trial Court has sentenced the accused to
pay fine of `2,50,000/- and in default of payment of fine
amount, the accused has been sentenced to undergo S.I.
for six months. Out of the said fine amount a sum of
`2,45,000/- has been ordered to be paid to the
complainant as compensation and the balance of
`5,000/- has been remitted to the State.
4. Crl.RP No.917/2021 arises out of the order
dated 31.12.2015 passed in C.C.No.19810/2014 on the
file of the Court of XIII Additional Chief Metropolitan
Magistrate, Bangalore and the judgment dated
07.04.2021 passed in Criminal Appeal No.68/2016 on the
file of the Court of the LXI Additional City Civil and
Sessions Judge, Bengaluru City.
5. The trial Court has sentenced the accused to
pay a fine of `3,35,000/- and in default of payment of
the said fine amount, sentenced him to undergo S.I. for
six months. Out of the fine amount a sum of
`3,30,000/- has been ordered to be paid to the
complainant as compensation and the balance of
`5,000/- has been remitted to the State.
6. In both the cases joint memo has been filed
sating that the matter has been settled between the
complainant and the accused amicably and they have
resolved their dispute outside the Court in full and final
settlement.
7. The learned counsel for petitioner submits
that the amount shown in the impugned judgment in
both the cases has been settled.
8. Learned counsel for the respondent has
acknowledged the said submission and submits that in
both the cases a total sum of Rs.5,50,000/- has been
received by him towards full and final settlement and the
respondent has no further claim. The respondent who is
present before the Court through Video Conferencing
submits that he has received the amount in terms of the
settlement arrived between the parties.
9. The respondent's counsel further submits that
the respondent has no objection to release the amount
which is in deposit before the trial Court in favour of the
petitioner/accused.
10. Learned counsel for petitioner submits that in
view of the above settlement, the revision petitions may
be disposed of.
The joint memo filed in both the cases are placed
on record.
In view of the above, the following order is passed:
(1) The trial Court shall permit the accused to withdraw
the amount which is in deposit after deducting a sum of
Rs.10,000/- (Rupees Ten Thousand only) which is
imposed as fine and the said amount shall be remitted to
the state as fine.
(2) Both the petitions are disposed of.
Pending I.As are disposed of.
Sd/-
JUDGE
HB/-
