A T Pradeep vs Satyanarayana
2023 Latest Caselaw 743 Kant

                                      -1-
                                                CRL.RP No. 15 of 2023




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 11TH DAY OF JANUARY, 2023

                                    BEFORE

                      THE HON'BLE MR JUSTICE R. NATARAJ

                CRIMINAL REVISION PETITION NO. 15 OF 2023

            BETWEEN:

Digitally   A. T. PRADEEP
signed by   S/O A.N. THIPPESWAMY
SUMA
Location:   AGED ABOUT 40 YEARS,
HIGH        OCC: COOLIE,
COURT OF
KARNATAKA   R/O HALLALLI LAMANI TALUK
            HATTI VILLAGE, GILKENAHALLI POST,
            HOLALKERE TALUK
            CHITRADURGA DIST - 577 526.

                                                        ...PETITIONER

            (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)

            AND:

            SATYANARAYANA
            S/O ANJANEYA
            AGED ABOUT 40 YEARS,
            DRIVER/BUSINESSMAN
            R/O BANGLA EXTENSION,
            HARIHARA, DAVANAGERE DIST - 577 601.

                                                      ...RESPONDENT
            (BY SRI.R.SURESH, ADVOCATE)

                THIS CRL.RP IS FILED U/S.397 R/W S-401 CR.P.C BY THE
            ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE
            COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND
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                                        CRL.RP No. 15 of 2023




ORDER PASSED IN CRL.A.NO.50/2017 ON THE FILE OF THE I
ADDITIONAL   DISTRICT   AND    SESSIONS   JUDGE   AT
DAVANAGERE DATED:05.11.2019 CONSEQUENTLY TO SET
ASIDE THE JUDGMENT AND ORDER IN C.C.NO.1115/2010 ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT
HARIHAR DATED:19.04.2017 AND ETC..

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

                            ORDER

Mr. R. Suresh, learned counsel has entered appearance

for the respondent. The vakalath filed is placed on record.

Office is directed to show the name of Mr. R. Suresh as the

counsel for respondent.

2. A Joint Memo is filed by the petitioner as well as the

respondent, in terms of which, they have settled the dispute

amongst themselves by which the respondent has received the

cheque amount. Therefore, the petitioner prays that the

judgment of conviction and order of sentence passed by the

Trial Court and confirmed by the Appellate Court be set aside.

3. In view of the Joint Memo, the revision petition is

allowed.

CRL.RP No. 15 of 2023

The judgment and order dated 05-11-2019 passed in

Criminal Appeal No.50/2017 by the learned I Additional District

and Sessions Judge, Davanagere, are hereby set aside and

consequently, the judgment of conviction and order of

sentence dated 19-04-2017 passed by the learned Principal

Civil Judge and JMFC at Harihar in CC No.1115/2010 are also

set aside.

The petitioner shall pay graded cost of Rs.5,000/- to the

Karnataka State Legal Services Authority, within a period of 10

days from today.

In view of the disposal of the main revision petition, IA

No.2/2022 filed for suspension of sentence does not survive

for consideration. Hence, it is disposed of as having become

infructuous.

List on 30-01-2023 for payment of costs.

Sd/-

JUDGE

tsn*