Karnataka High Court
Mr. Subramani. V vs Mr. Valentine Domnik Cedric D Sa on 6 November, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:44732
CRL.RP No. 1008 of 2018
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. 1008 OF 2018
BETWEEN:
1. MR. SUBRAMANI. V
MANAGING DIRECTOR
AGED ABOUT 48 YEARS
SANJANA BUILD-TECH PRIVATE LIMITED,
NO.1616 (84), ABOVE WHIZZ COLOR LAB,
8TH MAIN ROAD, 3RD BLOCK,
JAYANAGAR, BENGALURU-560 011.
2. SANJANA BUILD TECH PRIVATE LIMITED
NO.1616 (84), ABOVE WHIZZ COLOR LAB,
8TH MAIN ROAD, 3RD BLOCK,
JAYANAGAR, BENGALURU-560 011,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR. SUBRAMANI V.,
Digitally signed ...PETITIONERS
by BHARATHI S
Location: HIGH (BY SRI MAHESH S.N., ADVOCATE)
COURT OF
KARNATAKA
AND:
MR. VALENTINE DOMNIK CEDRIC D'SA
SON OF MR. ANTONY D'SA,
AGED ABOUT 57 YEARS,
RESIDING AT NO.R-417,
PURVA PARK, COX TOWN,
BENGALURU-560 005,
REPRESENTED BY HIS WIFE
AND DULY AUTHORIZED
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NC: 2024:KHC:44732
CRL.RP No. 1008 of 2018
POWER OF ATTORNEY,
MRS. CLARETTE T F D'SA
...RESPONDENT
(BY SRI RAHUL KARIYAPPA, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO (1).SET ASIDE THE JUDGMENT DATED 28.05.2018 PASSED
IN CRL.A.NO.1255/2016 ON THE FILE OF THE HON'BLE LVIII
ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU
(CCH-59) (2).TO SET ASIDE THE JUDGMENT/ORDER OF
CONVICTION DATED 29.09.2016, PASSED IN
C.C.NO.3359/2014 ON THE FILE OF THE HON'BLE XVI ACMM,
BY ALLOWING THE ABOVE PETITIONER BY ACQUITTING THE
PETITIONER.
THIS CRL.RP, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Learned counsel for the petitioner has filed a memo
dated 06.11.2024, which reads as under:
The counsel for the petitioner herewith
files the memo of calculation as follows:
1. The petitioner was deposited amount
of Rs.3,70,000/- as per the appellate
court order.
2. On 18/12/2018 the petitioner was paid
a sum of Rs.4,00,000/- though D.D.
3. On 21/01/2019 for a sum of
Rs.2,00,000/- through D.D
NC: 2024:KHC:44732
4. A sum of Rs. 2,00,000/- by way of
cheque
4. on 23/09/2024 for a Sum of
Rs.1,50,000/-tThrough D.D. before this
Hon'ble court.
Total sum of 13,20,000/-was paid out of
18,40,000/- the petitioner was due sum
of Rs.5,20,000/- to the respondent, he
has agreed to pay within two months
from the date of this order
Wherefore, it is respectfully prays that
this Hon'ble court be pleased to consider
the memo of calculation in the above
case, in the interest of justice.
2. Placing the memo on record, the present revision
petition stands disposed of.
3. It is made clear that the amount as agreed in the
memo is not paid, order of the trial Magistrate stands
restored automatically.
4. In view of the memo, the entire amount as per the
memo is paid, fine amount of `10,000/- imposed by the
trial Magistrate and confirmed by the first appellate Court
NC: 2024:KHC:44732
towards the defraying expense of the State is hereby set
aside.
5. The amount in deposit is ordered to be withdrawn
by the complainant under due identification.
Sd/-
(V SRISHANANDA)
JUDGE
BS
