Sri Srinivasa vs Sri S Nagaraj
2023 Latest Caselaw 8746 Kant

Karnataka High Court

Sri Srinivasa vs Sri S Nagaraj on 28 November, 2023

                                        -1-
                                                     NC: 2023:KHC:43029
                                                 CRL.RP No. 469 of 2015




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

               DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                     BEFORE
                    THE HON'BLE MR JUSTICE ANIL B KATTI
               CRIMINAL REVISION PETITION NO. 469 OF 2015
             BETWEEN:
                SRI SRINIVASA
                S/O LATE NANJUNDAPPA
                AGED ABOUT 43 YEARS
                R/AT NAGDENAHALLI VILLAGE
                KASABA HOBLI
                DODDABALLAPURA TALUK
                BANGALORE RURAL DISTRICT-561 203
                                                           ...PETITIONER
             (BY SRI. N.D.ONKARAPPA, ADVOCATE)

             AND:
                SRI S.NAGARAJ
                S/O LATE SHAMANNA
                AGED ABOUT 43 YEARS
Digitally
                R/AT DODDAJALA VILLAGE
signed by       JALA HOBLI
SUMITHRA R      BANGALORE NORTH TALUK
Location:                                                 ...RESPONDENT
HIGH         (BY SMT.SANGEETHA S., ADVOCATE)
COURT OF
KARNATAKA
                   THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C, PRAYING TO
             SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE
             DATED 13.3.2014 PASSED BY THE ADDL. CIVIL JUDGE & JMFC,
             DEVANAHALLI, IN C.C.NO.,19/2012 AND THE JUDGMENT DATED
             5.3.2015 PASSED BY THE V ADDL. DIT. & SESSIONS JUDGE,
             DEVANAHALLI, IN CRIMINAL APPEAL NO.15003/14 AND THEREBY
             ACQUIT THE ACCUSED/REV. PETR. FROM THE CHARGES LEVELED
             AGAINST HIM.

                 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
             COURT MADE THE FOLLOWING:
                                 -2-
                                                   NC: 2023:KHC:43029
                                             CRL.RP No. 469 of 2015




                              ORDER

Revision Petitioner/accused with his counsel

Sri. N.D.Onkarappa and respondent/complainant with

counsel Smt. Sangeetha.S are present.

2. Joint compromise petition is filed in terms of

Section 147 of the N.I. Act. It is reported that, out of the

compensation amount awarded by the Trial Court at

Rs.13,97,000/-, the parties have agreed to settle the

matter for Rs.10,00,000/-. It is further stated

Rs.4,00,000/- is deposited on 08.05.2014 vide receipt

No.0254371 and another amount of Rs.1,00,000/- is

deposited on 20.05.2014.

3. The Revision Petitioner and respondent are

present before the Court. Revision Petitioner admits that

he has paid an amount of Rs.5,00,000/- in cash and

respondent acknowledges the same. The said

acknowledgement as stated in the joint memo is accepted.

NC: 2023:KHC:43029

Hence, terms of the joint memo filed under Section 147 of

the N.I. Act is accepted.

4. In view of accepting the joint memo and the

matter being settled by way of compromise, the judgment

of conviction passed by the First Appellate Court in

Criminal Appeal No.15003/2014 dated 5.3.2015 on the file

of V Additional District and Sessions Judge, Devanahalli in

confirming the judgment of the Trial Court in

C.C.No.19/2012 dated 13.3.2012 on the file of Additional

Civil Judge and JMFC, Devanahalli is hereby set aside.

5. Learned counsel for Revision Petitioner has no

objection for respondent/complainant to withdraw the

amount in deposit in Court. Hence, Trial Court is directed

to release the amount in deposit to the

respondent/complainant. Further, as per the order of Trial

Court, fine amount of Rs.3,000/- deposited by the

Revision Petitioner before the Trial Court shall be defrayed

as expenses to the State.

NC: 2023:KHC:43029

The Criminal Revision Petition is disposed of

accordingly,

SD/-

JUDGE

rs