Sri Ashok Bhat vs Sri Sathish Rao
2024 Latest Caselaw 15983 Kant

Karnataka High Court

Sri Ashok Bhat vs Sri Sathish Rao on 5 July, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                            NC: 2024:KHC:25439
                                                        CRL.RP No. 793 of 2021




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 5TH DAY OF JULY, 2024

                                               BEFORE

                          THE HON'BLE MR JUSTICE V SRISHANANDA

                       CRIMINAL REVISION PETITION NO.793/2021

                   BETWEEN:

                   SRI ASHOK BHAT
                   S/O ANANTHA BHAT
                   AGED ABOUT 60 YEARS
                   R/A NO.685/53
                   DURGA SADANA, 6TH CROSS
                   HANUMAIAH LAYOUT
                   KODIGEHALLI
                   BENGALURU-92.
                                                                  ...PETITIONER
                   (BY SRI. MURALI M., ADV.)


                   AND:

                   SRI SATHISH RAO
Digitally signed   S/O LATE ANAND RAO
by                 AGED ABOUT 50 YEARS
MARIGANGAIAH
PREMAKUMARI        R/A NO.08, ANUGRAHA
Location: HIGH     HARSHA LAYOUT
COURT OF           SUBBAYANAPALYA
KARNATAKA
                   M S NAGAR POST
                   BENGALURU -33.
                                                                 ...RESPONDENT
                   (BY SRI. R VENKATAREDDY, ADV.)

                         THIS PETITION IS FILED UNDER SECTION 397 R/W 401
                   CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
                   05.05.2021 PASSED IN CRL.A.NO.25133/2017 ON THE FILE OF THE
                   XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL
                   UNIT, BANGALORE AND ORDER OF CONVICTION AND SENTENCE
                   PASSED BY THE LEARNED LVII ACMM, BANGALORE IN
                                 -2-
                                            NC: 2024:KHC:25439
                                       CRL.RP No. 793 of 2021




C.C.NO.52368/2017 DATED 30.08.2017 AND CONSEQUENTLY
ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I ACT.

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

                            ORDER

Parties are present with their respective counsel.

They have filed a joint compromise memo. Compromise

petition is signed by the parties and their respective

advocates.

2. In pursuance of the compromise petition, DD in

a sum of Rs.1,00,000/- bearing No.993895 dated

02.07.2024 tendered by petitioner to the respondent and

the same is acknowledged in the order sheet. Balance sum

of Rs.1,94,300/- would be paid in two installments on

25.08.2024 and 12.09.2024 in a sum of Rs.1,00,000/- and

Rs.94,300/- respectively.

3. Joint memo also finds a clause that in the event

of non payment, the matter can be revived. As such, joint

memo is accepted.

NC: 2024:KHC:25439

4. Amount of Rs.5,000/- imposed by the Trial

Magistrate to be paid as defraying expenses of the State is

hereby set aside. Amount in deposit is ordered to be

withdrawn by the complainant under due identification.

5. Accordingly, revision stands disposed off in

terms of the joint memo.

Sd/-

JUDGE

NC CT:bms