Sri Karthik Kumar vs Smt Sushma
2024 Latest Caselaw 12395 Kant

Karnataka High Court

Sri Karthik Kumar vs Smt Sushma on 4 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                    NC: 2024:KHC:18937
                                               CRL.RP No. 287 of 2021




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 4TH DAY OF JUNE, 2024

                                     BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                 CRIMINAL REVISION PETITION NO. 287 OF 2021
              BETWEEN:

                 SRI. KARTHIK KUMAR,
                 S/O LATE S KUMAR AMEEN
                 AGED ABOUT 31 YEARS,
                 R/AT DOOR NO.3-87
                 DURGA DAYA MELMANE,
                 MULLAKADU, KAVOOR POST,
                 MANGALURU D K-575012
                                                          ...PETITIONER
              (BY SRI. ASHOK KUMAR SHETTY K., ADVOCATE)

              AND:

                 SMT. SUSHMA
                 D/O SANJEEVA AMEEN
                 AGED ABOUT 42 YEARS,
Digitally
signed by R      R/AT DOOR NO.20-3
MANJUNATHA
                 GAJANANA DHITRAPU VILLAGE
Location:
HIGH COURT       MULKI POST
OF
KARNATAKA        MANGALURU - 575 025.
                                                        ...RESPONDENT
              (BY SRI. PRANESH CHANDRA, ADVOCATE)

                   THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
              PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
              CONVICTION AND SENTENCE DATED 10.06.2019 MADE IN
              C.C.NO.713/2017 BY THE COURT OF J.M.F.C.(V COURT),
              MANGALURU AND JUDGMENT AND ORDER DATED 21.10.2020
              MADE IN CRL.A.NO.77/2019 BY THE COURT OF III ADDITIONAL
                              -2-
                                            NC: 2024:KHC:18937
                                      CRL.RP No. 287 of 2021




DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU AND
ACQUIT HIM OF THE OFFENCE.

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

A joint memo is filed on 04.06.2024 signed by both

the parties. The joint memo reads as under:

"The undersigned submits as follows:

1) That the above case is settled between the parties for an amount of Rs.4,00,000/-(Four Lakhs only).

2) That the appellant/accused has already deposited Rs.2,50,000/-(Two lakhs fifty thousand only) before the trial Court in compliance of the stay order and this respondent/complainant has already receive the said amount from the trial court in furtherance of order dated 23.12.2019 passed under Section 148(3) of Negotiable Instruments Act in Cri.Appeal No.77/2019.

3) That the appellant/accused has already paid sum of Rs.40,000/-(Forty Thousand only) to the respondent during pendency of this case before the trial court.

4) That the appellant/accused paid sum of Rs.1,10,000/-(One lakh ten thousand only) same has received by the respondent/complainant. Hence, till today the respondent/complainant has received total sum of Rs.4,00,000/- (Four lakh only) hence there is no future claim in the above case.

It is therefore prayed that, in view of the settlement arrived between the parties this Hon'ble Court be pleased to allow the above appeal in the interest of Justice."

NC: 2024:KHC:18937

2. In view of the joint memo, revision petition needs

to be allowed partly by setting aside the sum of Rs.5,000/-

imposed by learned Trial Magistrate as defraying expenses

of the State.

3. Since, the dispute is privy to the parties and no

State machinery is involved, imposing fine of Rs.5,000/-

on the accused to be payable to the State exchequer is

hereby set aside.

4. Rest of the order stands unaltered.

Sd/-

JUDGE

KAV