Sri Shankar M vs M/S Shriram Transport Finance Co Ltd
2024 Latest Caselaw 3949 Kant

Karnataka High Court

Sri Shankar M vs M/S Shriram Transport Finance Co Ltd on 8 February, 2024

                                       -1-
                                                    NC: 2024:KHC:5451
                                                 CRL.RP No. 8 of 2018




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                  DATED THIS THE 8TH DAY OF FEBRUARY, 2024
                                     BEFORE
                     THE HON'BLE MR JUSTICE S RACHAIAH
                  CRIMINAL REVISION PETITION NO. 8 OF 2018

             BETWEEN:
                SRI. SHANKAR M
                S/O MAHADEVAPPA
                AGED ABOUT 45 YEARS
                R/AT SHANKAR AUTO GARAGE
                4TH MAIN, P.J.EXTENSION
                DAVANAGERE CITY - 577 002.

                                                        ...PETITIONER
             (BY SRI. HAREESH BHANDARY T, ADVOCATE)
Digitally
signed by    AND:
SUDHA S
                M/S SHRIRAM TRANSPORT FINANCE CO LTD
Location:
HIGH COURT      SKV FREED NO.129/1
OF              2ND FLOOR,
KARNATAKA
                IN FRONT OF BILAL COMPOUND
                P B ROAD
                DAVANAGERE CITY - 577 002.

                                                       ...RESPONDENT
             (BY SRI. SHARAN B TADAHAL, ADVOCATE)

                  THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
             TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION
             DATED 21.05.2016 MADE IN C.C.NO.406/2016 BY THE COURT
             OF JMFC (III COURT) DAVANAGERE AND JUDGMENT AND
             ORDER DATED 14.11.2017 MADE IN CRL.A.NO. 67/2016 BY
             THE COURT OF THE I ADDITIONAL DISTRICT AND SESSIONS
             JUDGE, DAVANAGERE AND ETC.,

                  THIS PETITION, COMING ON FOR FINAL HEARING, THIS
             DAY, THE COURT MADE THE FOLLOWING:
                                    -2-
                                                        NC: 2024:KHC:5451
                                                 CRL.RP No. 8 of 2018




                              ORDER

1. Heard Sri.Hareesh Bhandary.T, learned counsel for the

petitioner and Sri.Sharan B.Tadahal, learned counsel

for the respondent.

2. The learned counsel for the respective parties have

filed a joint memo dated 08.02.2024 stating that the

matter has been settled between the parties for a sum

of Rs.1,27,500/- towards full and final settlement. The

joint memo reads thus:

"In view of the matter being settled between the parties for a sum of Rs. 1,27,500/- [Rupees One Lakh Twenty Seven Thousand Only] i.e, the amount deposited by the Petitioner, towards full and final settlement.

In terms of the above agreed amount matter may be disposed off as settled in the interest of justice and equity."

3. In view of the joint memo, the parties have settled the

matter amicably and there is no embargo to this Court

to dispose of the matter in terms of the Joint Memo.

4. Considering the said joint memo, I proceed to pass the

following:

NC: 2024:KHC:5451

ORDER

(i) The Criminal Revision Petition stands disposed of

in terms of the settlement.

(ii) The judgment of conviction and order of

sentence dated 21.05.2016 passed in

C.C.No.406/2016 on the file of the Court of the

Judicial Magistrate First Class, 3rd Court,

Davanagere and judgment and order dated

14.11.2017 passed in Crl.A.No.67/2016 on the

file of the Court of the 1st Additional District and

Sessions Judge, Davanagere, are set aside.

(iii) The petitioner / accused is acquitted for the

offence punishable under Section 138 of N.I Act.

(iv) Bail bond executed, if any, stands cancelled.

Sd/-

JUDGE

UN