K Muniraju vs B R Madusudan
2023 Latest Caselaw 7294 Kant

Citation : 2023 Latest Caselaw 7294 Kant
Judgement Date : 25 October, 2023

Karnataka High Court

K Muniraju vs B R Madusudan on 25 October, 2023

Bench: J.M.Khazi

                                           -1-
                                                   CRL.RP No. 38 of 2021 C/W
                                                       CRL.RP No. 29 of 2021
                                                       CRL.RP No. 30 of 2021
                                                       CRL.RP No. 31 of 2021
                                                       CRL.RP No. 33 of 2021
                                                           NC: 2023:KHC:37816




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 25TH DAY OF OCTOBER, 2023

                                        BEFORE
                         THE HON'BLE MS JUSTICE J.M.KHAZI
                   CRIMINAL REVISION PETITION NO.38 OF 2021
                                     C/W
                   CRIMINAL REVISION PETITION NO.29 OF 2021
                   CRIMINAL REVISION PETITION NO.30 OF 2021
                   CRIMINAL REVISION PETITION NO.31 OF 2021
                   CRIMINAL REVISION PETITION NO.33 OF 2021

                 IN CRL.RP NO.38 OF 2021

                 BETWEEN:

                    K MUNIRAJU
                    S/O LATE KEMPANNA
                    AGED ABOUT 54 YEARS
                    R/AT NO.2231/1, 'D' BLOCK
                    NEAR WATER TANK
                    SHANKARANAGAR,
                    BENGALURU-560 092
Digitally
signed by                                                    ...PETITIONER
MADHURI S        (BY SRI. BIPIN HEGDE, ADVOCATE)
Location: High
Court of
Karnataka        AND:

                    B R MADUSUDAN
                    S/O RAMAMURTHY
                    AGED ABOUT 41 YEARS
                    R/AT BIDALURU VILLAGE
                    KASABA HOBLI
                    DEVANAHALLI TALUK - 562 164
                    BENGALURU RURAL DISTRICT
                                                           ...RESPONDENT

(BY SRI. G. NARASI REDDY, ADVOCATE)

CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO a) SET ASIDE THE JUDGMENT DATED 13.05.2019 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, AT DEVANAHALLI IN C.C.NO.636/2018; b) SET ASIDE THE JUDGMENT DATED 06.01.2021 PASSED BY THE HON'BLE 5TH ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT AT DEVANAHALLI IN CRIMINAL APPEAL NO.15019/2019; c) ISSUE ANY ORDER WHICH THIS HON'BLE COURT MAY DEEM NECESSARY IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

IN CRL.RP NO.29 OF 2021

BETWEEN:

K MUNIRAJU S/O LATE KEMPANNA AGED ABOUT 54 YEARS R/AT NO.2231/1, 'D' BLOCK NEAR WATER TANK SHANKARANAGAR, BENGALURU-560 092 ...PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE)

AND:

B R MADUSUDAN S/O RAMAMURTHY AGED ABOUT 41 YEARS R/AT BIDALURU VILLAGE KASABA HOBLI DEVANAHALLI TALUK - 562 164 BENGALURU RURAL DISTRICT ...RESPONDENT (BY SRI. G. NARASI REDDY, ADVOCATE)

CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

ASIDE THE JUDGMENT DATED 06.01.2021 PASSED BY THE HON'BLE 5TH ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT AT DEVANAHALLI IN CRIMINAL APPEAL NO.15020/2019; c) ISSUE ANY ORDER WHICH THIS HON'BLE COURT MAY DEEM NECESSARY IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

IN CRL.RP NO.30 OF 2021

BETWEEN:

K MUNIRAJU S/O LATE KEMPANNA AGED ABOUT 54 YEARS R/AT NO.2231/1, 'D' BLOCK NEAR WATER TANK SHANKARANAGAR, BENGALURU - 560 092 ...PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE)

AND:

B R MADHUSUDHAN S/O RAMAMURTHY AGED ABOUT 41 YEARS R/AT BIDALURU VILLAGE KASABA HOBLI DEVANAHALLI TALUK - 562 164 BENGALURU RURAL DISTRICT ...RESPONDENT (BY SRI. G NARASI REDDY, ADVOCATE)

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO a) SET ASIDE THE JUDGMENT DATED 13.05.2019 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, AT DEVANAHALLI IN C.C.NO.947/2018; b) SET ASIDE THE JUDGMENT DATED 06.01.2021 PASSED BY THE HON'BLE 5TH ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT AT DEVANAHALLI IN CRIMINAL APPEAL NO.15002/2020; c) ISSUE ANY ORDER WHICH THIS HON'BLE

CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

COURT MAY DEEM NECESSARY IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

IN CRL.RP NO.31 OF 2021

BETWEEN:

K MUNIRAJU S/O LATE KEMPANNA AGED ABOUT 54 YEARS R/AT NO.2231/1, 'D' BLOCK NEAR WATER TANK SHANKARANAGAR, BENGALURU - 560 092 ...PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE)

AND:

B R MADUSUDAN S/O RAMAMURTHY AGED ABOUT 41 YEARS R/AT BIDALURU VILLAGE KASABA HOBLI DEVANAHALLI TALUK - 562 164 BENGALURU RURAL DISTRICT ...RESPONDENT (BY SRI. G. NARASI REDDY, ADVOCATE)

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO a) SET ASIDE THE JUDGMENT DATED 13.05.2019 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, AT DEVANAHALLI IN C.C.NO.568/2018; b) SET ASIDE THE JUDGMENT DATED 06.01.2021 PASSED BY THE HON'BLE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT DEVANAHALLI IN CRIMINAL APPEAL NO.15021/2019; c) ISSUE ANY ORDER WHICH THIS HON'BLE COURT MAY DEEM NECESSARY IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

IN CRL.RP NO.33 OF 2021

BETWEEN:

K MUNIRAJU S/O LATE KEMPANNA AGED ABOUT 54 YEARS R/AT NO.2231/1, 'D' BLOCK NEAR WATER TANK SHANKARANAGAR, BENGALURU - 560 092 ...PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE)

AND:

B R MADHUSUDHAN S/O RAMAMURTHY AGED ABOUT 41 YEARS R/AT BIDALURU VILLAGE KASABA HOBLI DEVANAHALLI TALUK - 562 164 BENGALURU RURAL DISTRICT ...RESPONDENT (BY SRI. G. NARASI REDDY, ADVOCATE)

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO a) SET ASIDE THE JUDGMENT DATED 13.05.2019 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, AT DEVANAHALLI IN C.C.NO.5634/2017; b) SET ASIDE THE JUDGMENT DATED 06.01.2021 PASSED BY THE HON'BLE 5TH ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT AT DEVANAHALLI IN CRIMINAL APPEAL NO.15022/2019; c) ISSUE ANY ORDER WHICH THIS HON'BLE COURT MAY DEEM NECESSARY IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

CRL.RP No. 38 of 2021 C/W CRL.RP No. 29 of 2021 CRL.RP No. 30 of 2021 CRL.RP No. 31 of 2021 CRL.RP No. 33 of 2021 NC: 2023:KHC:37816

ORDER

Learned counsel for the petitioner/accused is present

physically.

Learned counsel for the respondent/complainant is

present through video conferencing.

Respondent/complainant is present before the Court.

2. On 13.10.2023, a memo was filed reporting the

settlement and five pay orders for a total sum of

Rs.3,55,00,000/- were issued. Vide order dated

13.10.2023, the said fact was reflected with an

observation that learned counsel for the respondent

insisted that memo can be accepted only after encashment

of the pay orders. Today, it is submitted that pay orders

for a total sum of Rs.3,55,00,000/- is realized.

Rs.1,25,00,000/- which is in deposit before the trial Court