M/S Nandini Dairy Farm Umred vs Mr. Avinash Santosh Rao Kurve
2024 Latest Caselaw 26958 Kant

Karnataka High Court

M/S Nandini Dairy Farm Umred vs Mr. Avinash Santosh Rao Kurve on 11 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                                  -1-
                                                             NC: 2024:KHC:45649
                                                         CRL.RP No. 798 of 2022




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                               BEFORE
                             THE HON'BLE MR JUSTICE V SRISHANANDA
                       CRIMINAL REVISION PETITION NO. 798 OF 2022
                      BETWEEN:

                            M/S NANDINI DAIRY FARM UMRED
                            REP. BY ITS PROPRIETOR
                            MR. SURENDRA SHRAWANJI GAWALI
                            AGED ABOUT 38 YEARS
                            OCCUPATION: PRIVATE
                            R/O AT KAWARPETH
                            UMERER TALUKA, UMRER DISTRICT
                            NAGPUR -441 203
                            MAHARASTRA
                                                                   ...PETITIONER
                      (BY SRI.ANIL KUMAR S., ADVOCATE FOR
                          SRI.VENKATESH DALAWAI, ADVOCATE)

                      AND:

                            MR. AVINASH SANTOSH RAO KURVE
Digitally signed by         AGED ABOUT 40 YEARS
SUVARNA T
Location: HIGH
COURT OF
                            R/O NO 502, EBONY
KARNATAKA
                            PRESTIGE ST. JOHNS WOOD APARTMENT
                            TAVAREKERE MAIN ROAD
                            BENGALURU -560 029
                                                                 ...RESPONDENT
                      (BY SRI. MANJUNATHA B.T., ADVOCATE)

                             THIS CRL.RP FILED U/S 397 R/W 401 CR.P.C., PRAYING
                      TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION
                      DATED 15.04.2019 PASSED BY THE XIX A.C.M.M, BENGALURU
                      CITY IN C.C.NO.17196/2016 AND SET ASIDE THE JUDGMENT
                      AND      ORDER      DATED     02.03.2022    PASSED     IN
                                  -2-
                                           NC: 2024:KHC:45649
                                       CRL.RP No. 798 of 2022




CRL.A.NO.339/2020 BY THE LXV ADDL. CITY CIVIL AND
SESSIONS     JUDGE    AT   BENGALURU    AND   CONSEQUENTLY
ACQUIT THE PETITIONER FOR THE OFFENCE P/US 138 OF THE
N.I ACT.


     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:     HON'BLE MR JUSTICE V SRISHANANDA

                       ORAL ORDER

Joint memo is filed and signed by the respective

Advocates.

2. Placing the joint memo on record, the revision petition

stands disposed of.

3. It is made clear that if the amount is not paid as

agreed in the joint memo, the conviction order passed by the

learned Trial Magistrate confirmed by the First Appellate Court

stands restored automatically.

4. In view of the settlement and after payment of the

entire amount as agreed in the joint memo, fine amount of

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

NC: 2024:KHC:45649

by the learned Judge in the First Appellate Court towards

defraying expenses of the State is hereby set aside.

SD/-

(V SRISHANANDA) JUDGE

BN