Karnataka High Court
K M Devanath vs J Manjula on 6 March, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:9382
CRL.RP No. 1421 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 1421 OF 2018
BETWEEN:
K.M.DEVANATH
AGED ABOUT 61 YEARS
S/O LATE K. MAYIGOWDA
NO.481, UPKAR LAYOUT
VISHWANEEDAM POST
BENGALURU-560091
...PETITIONER
(BY SMT. SWETHA S., ADVOCATE)
AND:
J. MANJULA
AGED ABOUT 55 YEARS
D/O LATE P. JAVARAYI GOWDA
1620, II FLOOR, III-A CROSS
Digitally signed
by SHARANYA T 17TH MAIN, III MAIN
Location: HIGH J.P.NAGAR II PHASE
COURT OF BENGALURU-560078
KARNATAKA
...RESPONDENT
(BY SRI ZULFIKIR KUMAR SHAFI, ADVOCATE [ABSENT])
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
31.10.2018 PASSED BY THE LEARNED LXIV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE (CH-65) BANGALORE IN
CRL.A.NO.33/2017 CONFIRMING THE JUDGMENT AND
SENTENCE DATED 09.12.2016 PASSED BY THE XXI A.C.M.M.,
BANGALORE IN C.C.NO.4278/2016 SENTENCING TO PAY FINE
OF RS.5,55,000/- AND IN DEFAULT OF PAYMENT OF FINE, TO
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NC: 2024:KHC:9382
CRL.RP No. 1421 of 2018
UNDERGO S.I FOR 12 MONTHS, AND ALSO TO PAY RS.5,000/-
TO THE STATE EXCHEQUER AND ALLOW THIS R.P BY
ACQUITTING THE PETITIONER.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the revision petitioner has
produced the Demand Drafts bearing No.395926 dated
01.03.2024 for Rs.4,40,000/- in the name of the Registrar
General, High Court of Karnataka. The counsel submits that
the said amount is the remaining amount out of Rs.5,55,000/-
in terms of the order passed by the Trial Court and the amount
of Rs.1,10,000/- is already deposited before the Trial Court.
2. The counsel for the revision petitioner has also
produced the Demand Draft bearing No.393589 dated
05.03.2024 for Rs.5,000/- in the name of XXII ACMM,
Bengaluru.
3. Now, learned counsel for the petitioner has filed a
memo for having made the payment of Rs.1,10,000/- through
Demand Draft bearing No.292919 dated 21.02.2017 through
KIOSK of Chief Metropolitan Magistrate Court having deposited
NC: 2024:KHC:9382
Rs.1,10,000/-. The Registry is directed to accept the Demand
Drafts for Rs.4,40,000/- and Rs.5,000/- and the respondent to
apply for release of the amount of Rs.4,40,000/- before this
Court and also for release of the amount of Rs.1,10,000/-
which is in deposit before the Trial Court. The Registry is also
directed to transmit the Demand Draft for Rs.5,000/- which is
in favour of XXII ACMM, Bengaluru, forthwith.
4. In view of deposit of entire amount by way of
Demand Drafts by the petitioner and having considered the
submission of the learned counsel for the petitioner that the
petitioner is in custody, the order passed by this Court earlier is
hereby recalled and the Registry is directed to intimate this
order to the concerned Jail Authorities for release of the
petitioner, in view of entire payment made by the petitioner.
5. Accordingly, the petition is disposed of. The
sentence imposed against the petitioner is modified only in
respect of payment of fine.
Sd/-
JUDGE
ST,SN
