Shri Naveen Shetty vs Smt Bhavanamma
2024 Latest Caselaw 12561 Kant

Karnataka High Court

Shri Naveen Shetty vs Smt Bhavanamma on 5 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                                 -1-
                                                             NC: 2024:KHC:19347
                                                         CRL.RP No. 414 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 5TH DAY OF JUNE, 2024

                                             BEFORE
                          THE HON'BLE MR JUSTICE V SRISHANANDA
                       CRIMINAL REVISION PETITION NO. 414 OF 2021
                   BETWEEN:
                   SHRI. NAVEEN SHETTY
                   S/O KRISHNAPPA SHETTY
                   AGED ABOUT 51 YEARS,
                   R/O ALAKE, KODIYALBAIL
                   MANGALORE DISTRICT-574 142.
                                                               ...PETITIONER
                   (BY SRI. VIJAYA M.N, ADVOCATE)

                   AND:

                   SMT. BHAVANAMMA
                   W/O CHANDRASHEKARA SHETTY
                   AGED ABOUT 63 YEARS,
                   R/O MUNDIGEGADDE,
                   BAISE VILLAGE,
                   NAGARA HOBLI,
                   HOSANAGARA TALUK
                   SHIMOGA DISTRICT - 577 418.
                                                               ...RESPONDENT
Digitally signed
by D HEMA
                   (BY SRI. PRUTHVI WODEYAR, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA                THIS CRL.RP FILED UNDER SECTION 397 R/W 401 CR.P.C BY
                   THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE
                   JUDGMENT AND CONVICTION ORDER PASSED BY THE PRL.CIVIL
                   JUDGE AND JMFC AT HOSANAGARA, DATED 28.11.2019 IN
                   C.C.NO.177/2015, AND THE JUDGMENT AND CONVICTION ORDER
                   DATED 15.10.2020 PASSED BY THE V ADDITIONAL DISTRICT AND
                   SESSION JUDGE AT SHIVAMOGGA SITTING AT SAGAR IN
                   CRL.A.NO.10048/2019 AND ACQUIT THE PETITIONER/ACCUSED BY
                   ALLOWING THE RP AND THE PETITIONER MOST RESPECTFULLY PRAY
                   THAT SETTING ASIDE THE JUDGMENTS AND ORDERS PASSED BY
                   THE COURT BELOW AND REMAND THE MATTER FOR DE-NOVO TRIAL.
                       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
                                  -2-
                                              NC: 2024:KHC:19347
                                          CRL.RP No. 414 of 2021




                              ORDER

Learned counsel for the petitioner has filed an application

under Section 147 of the Negotiable Instrument Act, 1881. As

per the application, entire amount is satisfied by the accused to

the complainant and therefore, accused has sought for setting

aside the conviction orders and the acquit the accused. Joint

memo is signed by both the parties. As per the joint memo, a

sum of `4,50,000/-(Rupees Four Lakh Fifty Thousand only)is

tendered by the petitioner in favour of the respondent by way

of a Demand Draft. Same is acknowledged by the counsel for

respondent in the order sheet.

2. In view of the above factual aspects, the application

filed under Section 147 of the Negotiable Instruments Act,

1881 is allowed. The accused is acquitted. Amount in deposit

is ordered to be released in favour of the complainant under

due identification.

Sd/-

JUDGE

AG,