C Mahesh Kumar vs Thimmappa Gowda
2024 Latest Caselaw 26476 Kant

Karnataka High Court

C Mahesh Kumar vs Thimmappa Gowda on 6 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                  NC: 2024:KHC:44841
                                             CRL.RP No. 618 of 2020




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                    BEFORE
                   THE HON'BLE MR JUSTICE V SRISHANANDA
                 CRIMINAL REVISION PETITION NO. 618 OF 2020
           BETWEEN:

           1.    C MAHESH KUMAR
                 S/o LATE CHIKKAIAH
                 AGED ABOUT 53 YEARS
                 RESIDING AT No.601, H-BLOCK,
                 WORLD TRADE CENTER,
                 BEHIND COLUMBIA ASIA HOSPITAL,
                 RAJAJINAGAR,
                 BENGALURU-560010.
                                                       ...PETITIONER
           (BY SMT.VANDANA.P.L, ADVOCATE)
           AND:

           1.    THIMMAPPA GOWDA
                 S/o VENKATESH
                 AGED ABOUT 50 YEARS
                 RESIDING AT SRIERTHI
Digitally        KEMPEGOWDA NAGARA,
signed by        B.H. ROAD, BARANDUR POST,
MALATESH         BHADRAVATHI TALUK,
KC               SHIVAMMOGA DISTRICT.
Location:                                           ...RESPONDENT
HIGH      (BY SRI ROHAN S., FOR SRI M.R.BALAKRISHNA, ADVOCATES)
COURT OF
KARNATAKA      THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
          CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE
          HON'BLE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
          AT BENGALURU CCH-59 IN CRL.A.No.1560/2017 DATED
          27.05.2020 BY CONFIRMING THE JUDGMENT AND ORDER
          PASSED BY THE LEARNED XXI A.C.M.M., AT BENGALURU IN
          C.C.No.13233/2015 DATED 06.10.2017 WHEREIN THE TRIAL
          COURT HAVING CONVICTED THE PETITIONER HE WAS
                                 -2-
                                              NC: 2024:KHC:44841
                                          CRL.RP No. 618 of 2020




SENTENCED TO PAY A FINE OF RS.25,10,000/- IN DEFAULT HE
WAS ORDERED TO UNDERGO S.I FOR A PERIOD OF SIX
MONTHS AND ALSO IT IS FURTHER ORDERED ACTING UNDER
SECTION 357 OF THE CRPC THE RESPONDENT IS ENTITLED
FOR COMPENSATION OF RS.25,00,000/- AND REMAINING
RS.10,000/- WAS ORDERED TO PAY TO THE STATE (VIDE
ANNEXURE A AND B.

    THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:       HON'BLE MR JUSTICE V SRISHANANDA


                             ORAL ORDER

Learned counsel for the revision petitioner has filed

memo. Placing the memo on record, revision petition stands

disposed of.

2. If the amount as agreed in the memo is not paid,

the order of the learned Trial Magistrate, confirmed by the First

Appellate Court stands restored automatically.

3. If the entire amount is paid as per the memo, fine

amount of Rs.10,000/- imposed by the learned Trial Magistrate,

confirmed by the First Appellate Court towards defraying

expenses of the State is hereby set aside.

Sd/-

(V SRISHANANDA) JUDGE