Karnataka High Court
Sri Naveen Chandra Shetty vs Smt. Saraswathi on 11 January, 2023
Bench: R. Nataraj
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CRL.RP No. 1393 of 2018
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. 1393 OF 2018
BETWEEN:
SRI. NAVEEN CHANDRA SHETTY
AGED ABOUT 59 YEARS,
S/O LATE VASANTH SHETTY,
PRESENTLY RESIDING AT NO.60/1,
OPP. TO SSM SCHOOL, 4TH CROSS,
VIDYAPEETA LAYOUT,
TYAGARAJANAGARA,
BANASHANKARI II STAGE,
BANGALORE-560 028.
...PETITIONER
(BY SRI. PRABHAKARA L SHETTY, ADVOCATE)
AND:
SMT. SARASWATHI
AGED ABOUT 52 YEARS,
W/O LATE SHIVANANDA,
RESIDING AT NO.232/B,
Digitally SRI LAKSHMI NARASIMHASWAMY NILAYA,
signed by
SUMA 4TH MAIN, 5TH CROSS, MILK COLONY,
Location: MALLESHWARAM, BANGALORE-560 055.
HIGH COURT
OF
KARNATAKA ALSO AT:
RESIDING AT NO.36,
RENUKA NILAYA,
4TH TEMPLE STREET,
MALLESWARAM,
BANGALORE-560 003.
...RESPONDENT
(BY SRI. AJITH ANAND SHETTY, ADVOCATE)
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CRL.RP No. 1393 of 2018
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973
PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND
SENTENCE DATED 27.10.2016 PASSED BY THE XIII A.C.M.M.,
BANGALORE IN C.C.NO.18918/2014 AND CONFIRMED BY THE
ORDER DATED 11.10.2018 IN CRL.A.NO.1384/2016 PASSED BY THE
LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
(CCH-57) AND ACQUIT THE PETITIONER IN C.C.NO.18918/2014 ON
THE FILE OF THE XIII A.C.M.M., BANGALORE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner has challenged the judgment of conviction
and order of sentence dated 27.10.2016 passed by the XIII
Addl. Chief Metropolitan Magistrate, Bengaluru, in
C.C.No.18918/2014 for the offence punishable under Section
138 of the Negotiable Instruments Act, 1881 as well as the
judgment dated 11.10.2018 passed by the LVI Addl. City Civil
and Sessions Judge, Bengaluru (CCH-57) in
Crl.A.No.1384/2016.
2. When this petition was listed for admission, the
parties filed a joint memo reporting a compromise in terms of
which, the petitioner has agreed to pay a sum of
CRL.RP No. 1393 of 2018
Rs.25,00,000/- being the fine amount to the respondent
including a sum of Rs.8,00,000/- already in deposit before the
Trial Court. He has agreed to pay the balance amount of
Rs.17,00,000/- in five monthly installments. The respondent
has agreed to withdraw certain other proceedings mentioned
therein and initiated against the petitioner.
3. The joint memo is placed on record and is accepted.
4. In view of the above, this revision petition is
disposed off in terms of the joint memo. Consequently, subject
to the petitioner and the respondent complying the terms of the
joint memo, the judgment of conviction and order of sentence
dated 27.10.2016 passed by the XIII Addl. Chief Metropolitan
Magistrate, Bengaluru, in C.C.No.18918/2014 as well as the
judgment dated 11.10.2018 passed by the LVI Addl. City Civil
and Sessions Judge, Bengaluru (CCH - 57) in
Crl.A.No.1384/2016 are set aside.
5. It is open for the petitioner and the respondent to
seek revival of the proceedings in the event of any of them not
complying with the terms of the joint memo.
CRL.RP No. 1393 of 2018
6. The Trial Court is directed to release a sum of
Rs.8,00,000/- deposited before it in favour of the respondent
herein.
Sd/-
JUDGE
PMR
