Sri Somashekhar T N vs Prashanth Devaraya
2024 Latest Caselaw 12829 Kant

Karnataka High Court

Sri Somashekhar T N vs Prashanth Devaraya on 7 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                  NC: 2024:KHC:19864
                                             CRL.RP No. 315 of 2021




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 7TH DAY OF JUNE, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO. 315 OF 2021
            BETWEEN:

            1.    SRI SOMASHEKHAR T N
                  S/O LATE NARASIMHACHAR
                  AGED ABOUT 36 YEARS,
                  R/AT NO. C302, GOPALAN RESIDENCY,
                  TELECOM LAYOUT, BHUVANESHWARINAGAR,
                  BENGALURU - 560 023

                  ALSO AT
                  HINDUSTAN AERONAUTICS LIMITED
                  AEROSPACE DIVISION
                  BENGALURU COMPLEX
                  BENGALURU - 560 075
                                                         ...PETITIONER
            (BY SRI. N SURESHA.,ADVOCATE)
            AND:
Digitally
signed by   1.    PRASHANTH DEVARAYA
MALATESH          S/O DEVARAYA
KC
                  AGED ABOUT 37 YEARS,
Location:
HIGH              R/AT NO.281, CAUVERY NILAYA
COURT OF          MARUTHI VINAYAKA TEMPLE ROAD
KARNATAKA
                  HESARAGATTA CROSS ROAD
                  T DASARAHALLI POST
                  BENGALURU - 560 057

                  REPRESENTED BY
                  HIS GENERAL POWER OF ATTORNEY HOLDER
                  MANJUNATH M
                  S/O MUNIRAJU
                  AGED ABOUT 26 YEARS,
                               -2-
                                         NC: 2024:KHC:19864
                                     CRL.RP No. 315 of 2021




    R/AT NO.59, JANATHA COLONY,
    SHETTIHALLI, JALAHALLI WEST POST
    BENGALURU - 560 015.
                                             ...RESPONDENT
(BY SRI. R.V.ANAND, ADVOCATE)


     THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO     SET ASIDE THE ORDER DATED 18.02.2021 IN
CRL.A.NO.1681/2018, PASSED BY THE LXII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU AND JUDGMENT
AND SENTENCE PASSED BY THE XX A.C.M.M., AT BENGALURU
IN C.C.NO.2062/2017, DATED 01.08.2018, BY ALLOWING THIS
CRL.RP.

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

Heard Sri N.Suresha, learned counsel for petitioner

and Sri.R.V.Anand, learned counsel for respondent.

2. Today, the learned counsel for petitioner has

tendered a Demand Draft in the name of the respondent

for a sum of Rs.1,20,000/-. Out of the total fine amount of

Rs.2,54,000/-, Rs.1,25,000/- is already deposited before

the first appellate Court.

3. Accordingly, the revision petitioner has paid the

entire amount of Rs.2,45,000/- towards the compensation.

NC: 2024:KHC:19864

4. It is noticed that the learned Magistrate has

imposed Rs.5,000/- as fine towards the defraying

expenses of the State.

5. Since the lis is privy to the parties and no State

machinery is involved in conducting the case, amount of

Rs.5,000/- as fine amount imposed by learned Magistrate

confirmed by the first appellate Court towards defraying

expenses of the State is hereby set aside.

6. Since the entire fine amount of Rs.2,45,000/- is

paid by the accused to the complainant, the order of the

trial Magistrate and learned Judge in the first appellate

Court is modified to the above extent.

7. Amount in deposit is ordered to be returned to

the complainant under due identification.

Sd/-

JUDGE

HB