B T Shivakumar vs H Gopal Rao
2024 Latest Caselaw 10133 Kant

Karnataka High Court

B T Shivakumar vs H Gopal Rao on 8 April, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                   -1-
                                                              NC: 2024:KHC:14403
                                                         CRL.RP No. 1304 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 8TH DAY OF APRIL, 2024

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        CRIMINAL REVISION PETITION NO. 1304 OF 2019

                   BETWEEN:

                   1.    B.T.SHIVAKUMAR
                         S/O LATE THAMMANNA,
                         AGED ABOUT 52 YEARS,
                         R/AT NO.24, 2ND FLOOR,
                         25TH CROSS, J.C. NAGAR,
                         BENGALURU-560086

                         AND ALSO AT: 46/33,
                         ONION POTATO COMPLEX,
                         A.P.M.C. YARD,
                         NEXT TO R.M.C. OFFICE,
                         YESHWANTHPUR,
                         BENGALURU-560022
                                                                 ...PETITIONER
                               (BY SRI. VIJAY SHETTY B., ADVOCATE)
Digitally signed
by SHARANYA T      AND:
Location: HIGH
COURT OF           1.    H GOPAL RAO
KARNATAKA
                         S/O LATE HEROJI RAO,
                         AGED ABOUT 54 YEARS,
                         R/AT NO.97, VISHNU FINANCE (R)
                         POORNIMA, TARUN JADAV NILAYA,
                         2ND MAIN, NAGARABHAVI MAIN ROAD,
                         MARUTHI NAGAR,
                         BENGALURU-560072.
                                                                  ...RESPONDENT

                              (BY SRI GIRISH B. BALADARE, ADVOCATE)
                                 -2-
                                             NC: 2024:KHC:14403
                                        CRL.RP No. 1304 of 2019




     THIS CRL.RP IS FILED U/S 397 R/W 401 OF THE CODE
OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER OF DISMISSAL OF CRL.A.NO.940/2017
DATED 05.08.2019, PASSED BY THE HONBLE LXII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-63
THEREBY CONFIRMING THE JUDGMENT PASSED BY THE
HONBLE XLII A.C.M.M., AT BENGALURU IN C.C.NO.16467/2016
DATED 26.05.2017 BY ALLOWING THE ABOVE APPEAL AND BY
ACQUITTING THE ACCUSED.

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

                               ORDER

This Court has received the Memorandum of Settlement

entered into between the parties before the Mediation Centre

and all of them have signed the same. In terms of the report

received from the Mediation Centre, already there is a deposit

of Rs.1,13,800/- before the Trial Court and the matter is settled

for Rs.2,00,000/- and an amount of Rs.90,000/- is paid by way

of Demand Draft to the accused.

2. The settlement arrived between the parties in terms

of the Memorandum of Settlement is accepted. The Trial Court

is directed to pay an amount of Rs.1,10,800/- in favour of the

respondent out of the amount in deposit on proper

identification and an amount of Rs.3,000/- shall vest with the

State.

NC: 2024:KHC:14403

3. Accordingly, in terms of the Memorandum of

Settlement, the criminal revision petition is disposed of. There

is no need to set aside the order of the Trial Court, since the

sentence is only a default sentence.

Sd/-

JUDGE

ST