Sri B P Arun vs Sri Suresh Nagaraj Shasthry
2024 Latest Caselaw 12394 Kant

Karnataka High Court

Sri B P Arun vs Sri Suresh Nagaraj Shasthry on 4 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                      NC: 2024:KHC:19168
                                                  CRL.RP No. 207 of 2021




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 04TH DAY OF JUNE, 2024

                                       BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION No.207 OF 2021
              BETWEEN:

              SRI B P ARUN
              S/O P BALAKRISHNA,
              AGED ABOUT 44 YEARS,
              RESIDING AT T-F-2 APARTMENTS,
              NO.10, SURYA RESIDENCY,
              7TH MAIN, RAJEEV NAGAR,
              BANASHANKARI 3RD STAGE,
              BENGALURU-560085
                                                            ...PETITIONER
              (BY SRI G M SRINIVASAREDDY, ADVOCATE)
              AND:

              SRI SURESH NAGARAJ SHASTHRY
              S/O NAGARAJ SHASTRY,
              AGED ABOUT 50 YEARS,
              RESIDING AT T-F-4 APARTMENTS,
              NO.1.5, HI-TECH CITADEL,
Digitally
signed by R   19TH CROSS, 17TH MAIN,
MANJUNATHA    PADMANABHANAGARA,
Location:
HIGH COURT    BENGALURU-560070
OF
KARNATAKA                                                 ...RESPONDENT
              (BY SRI N.M.PRUTHVIRAJ, ADVOCATE)

                    THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C
              PRAYING TO SET ASIDE BOTH THE JUDGMENT AND ORDER DATED
              13.12.2019 PASSED BY THE LEARNED LXI ADDITIONAL CITY CIVIL
              AND SESSIONS JUDGE (CCH-62), BENGALURU IN CRL.A.No.
              312/2014 AND ALSO THE JUDGMENT AND ORDER 14.03.2014
              PASSED BY THE LEARNED XXII ADDITIONAL CHIEF METROPOLITAN
              MAGISTRATE, BENGALURU IN C.C.No.3403/2009 AND ACQUIT THE
              PETITIONER HEREIN FOR THE CHARGED OFFENCE.
                                -2-
                                             NC: 2024:KHC:19168
                                        CRL.RP No. 207 of 2021




    THIS CRL.RP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
                            ORDER

Memo is filed. Parties are present.

2. An application under Section 147 of the Negotiable

Instruments Act ('N.I.Act' for short) is filed, signed by both the

parties and their respective advocates along with affidavits of

both the parties.

3. In view of the settlement reported and the entire cheque

amount is settled and last installment is on 15th September

2024, accused stands acquitted for the offence punishable

under Section 138 of the N.I Act, by allowing the application

filed under Section 147 of the N.I.Act, after payment of the last

installment on 15th September 2024.

4. In the event of non- payment of the last installment, the

Order passed by the Trial Court confirmed by the First Appellate

Court stands automatically revived.

5. Today, in pursuance of the settlement, demand draft in a

sum of Rs.75,000/- is tendered by the revision petitioner to the

respondent. Same is acknowledged by signing the order sheet.

NC: 2024:KHC:19168

In the event of non-payment, matter may be listed before the

Court.

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

complainant under due identification.

7. Accordingly, Revision Petition is disposed of.

Sd/-

JUDGE

kcm