Karnataka High Court
Sri Shantha Kumar vs Sri M.S. Rajashekar on 31 October, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:38536
CRL.RP No. 515 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.515 OF 2016
BETWEEN:
SRI SHANTHA KUMAR
S/O SHAMBHA
AGED ABOUT 54 YEARS
EMPLOYEE IN SYNDICATE BANK
CREDIT CARD CENTER, 3RD BLOCK
JAYANAGAR, BANGALORE
PRESENTLY RA/T
NO.513, SMIGB
33RD BLOCK, 5TH PHASE
YELAHANKA, BANGALORE-560064
...PETITIONER
Digitally signed
by SHARANYA T (BY SRI BOPANNA B, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
SRI M S RAJASHEKAR
S/O SHIVAPPA SHETTY
AGED ABOUT 53 YEARS
R/O MALLEDEVARAHALLI VILLAGE
KARTHIKERE POST
CHICKMAGALURU CITY - 577228
...RESPONDENT
(BY SRI VINOD GOWDA, ADVOCATE)
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NC: 2023:KHC:38536
CRL.RP No. 515 of 2016
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED 07.11.2013 PASSED BY THE II ADDL. CIVIL JUDGE
AND JMFC AT CHIKKAMAGALUR IN C.C.NO.2301/2007
AND THE JUDGMENT AND ORDER DATED 05.03.2016
PASSED BY THE II ADDL. S.J., AT CHIKKAMAGALURU IN
CRL.A.NO.408/2013 ADN ETC.
THIS PETITION COMING ON FOR HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner along with his counsel is present. The
respondent is absent and the counsel for the respondent is
present.
2. The counsel appearing for the respective parties
and the petitioner have filed a joint memo stating that the
matter is settled for an amount of Rs.1,00,000/- and the
petitioner undertakes to pay the said amount to the
respondent by way of cash or through DD on or before
16.11.2023 and the respondent is also agreed to receive
the same.
3. The joint memo is taken on record in view of
the settlement arrived between the parties. The petitioner
NC: 2023:KHC:38536
CRL.RP No. 515 of 2016
is directed to pay the amount of Rs.1,00,000/- on or
before 16.11.2023 as agreed in the joint memo. If the
petitioner fails to act in terms of the joint memo, the
judgment of the Trial Court would be restored and the
petitioner has to pay the amount of Rs.1,25,000/- as
ordered by the Trial Court along with the interest at the
rate of 9% per annum as ordered by this Court. In default
of payment of the amount as agreed, the petitioner shall
undergo simple imprisonment for a period of three months
as ordered by the Trial Court.
4. In the joint memo it is prayed to waive off the
fine amount imposed by the Trial Court wherein the Trial
Court passed an order to pay the amount of Rs.5,000/-
towards the cost to the State and the same shall be vest
with the State. The said prayer is not accepted since the
matter is adjudicated before the Trial Court, First Appellate
Court and before this revisional Court. Hence, the
petitioner is directed to pay the fine of Rs.5,000/- within a
period of two weeks before the Trial Court and the same
NC: 2023:KHC:38536
CRL.RP No. 515 of 2016
shall be vest with the State and produce the receipt for
having paid the fine amount before this Court within a
period of two weeks.
5. In terms of the joint memo, the petition is
disposed off.
6. Registry is directed to send the records to the
Trial Court forthwith.
Sd/-
JUDGE
SN
