S Nagaraja vs R Shivanna
2024 Latest Caselaw 18599 Kant

Karnataka High Court

S Nagaraja vs R Shivanna on 25 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                    NC: 2024:KHC:29692
                                                CRL.RP No. 177 of 2016




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 25TH DAY OF JULY, 2024
                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION No.177 OF 2016
            BETWEEN:

            1.    S NAGARAJA
                  S/O LATE SEENAPPA,
                  AGED ABOUT 53 YEARS,
                  R/A NO.38/1, 14TH CROSS,
                  22ND MAIN ROAD,
                  RAGHAVENDRA LAYOUT,
                  PADMANABHANAGAR,
                  BANGALORE-560070
                                                        ...PETITIONER
            (BY SMT.SARITHA.A.L, FOR SRI ANILKUMAR.B.S, ADVOCATES)

            AND:

            1.    R SHIVANNA
                  S/O RUDRAPPA,
                  AGED ABOUT 66 YEARS,
Digitally         R/AT NO.280, 8TH MAIN ROAD,
signed by         PIPELINE ROAD, VIJAYANAGAR,
MALATESH          BANGALORE-560040
KC                                               ...RESPONDENT
Location: (BY SRI SIDDAPPA S JOOCHANI, ADVOCATE)
HIGH
COURT OF       THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
KARNATAKA CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER OF
            CONVICTION      DATED      27.11.2014     PASSED     IN
            C.C.NO.6973/2011 ON THE FILE OF XVI A.C.M.M., BANGALORE
            AND FURTHER SET ASIDE THE JUDGMENT PASSED BY THE
            LXVI ADDL. CITY CIVIL AND S.J., BANGALORE CITY IN
            CRL.A.NO.9/2015 VIDE ITS JUDGMENT DATED 04.01.2016 AND
            THEREBY ACQUIT THE PETITIONER BY ALLOWING THIS
            REVISION PETITION.
                                -2-
                                                 NC: 2024:KHC:29692
                                          CRL.RP No. 177 of 2016




    THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA

                         ORAL ORDER

Memo filed which reads as under:

"The Revision Petitioner most humbly submits as under:

The matter pertaining to the recovery of cheque amount under Section 138 of N.I.Act, 1882. The Hon'ble Trial Court has order for the Rs.4,00,000/- and with fine of Rs.5000/- in C.C.No.6973/2011. The revision petitioner and respondent mutually agreed to settle the matter out of the Court. The petitioner has paid the Rupees.1,75,000/- (Rupees One Lakh Seventy Five Thousand Only) before this Hon'ble Court on 23.07.2024 and Rs.60,000/- in the form of D.D. bearing No.594876 dated 25.07.2024. The Revision Petitioner has already paid the Rs.40,000/- before the Hon'ble Trial Court.

Therefore, the above matter was settled between the parties and this revision petitioner has deposited Rs.2,35,000/- before this Hon'ble Court as on today. And Rs.40,000/- before the Hon'ble Trial Court. In total Rs.2,75,000/- has paid in favour of the respondent. Therefore, the same may be considered and close the above proceedings as a compromise to meet the ends of justice.

NC: 2024:KHC:29692

Wherefore, the above proceedings may kindly be dropped in the interest of justice and equity."

2. In view of the memo, petition stands disposed of.

3. Demand draft in a sum of ₹60,000/- is tendered by the

revision petitioner to the respondent. Same is acknowledged.

4. Fine of Rs.5,000/- imposed by the learned trial Magistrate

confirmed by the learned Judge in the first Appellate Court

towards defraying expenses of the State is set-aside since lis is

privy to the parties.

5. Amount in deposit is ordered to be withdrawn by the

complainant under due identification.

Sd/-

(V SRISHANANDA) JUDGE

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