Sri C N Kempaiah vs Smt Malathi
2024 Latest Caselaw 26970 Kant

Karnataka High Court

Sri C N Kempaiah vs Smt Malathi on 11 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                    NC: 2024:KHC:45605
                                                 CRL.RP No. 28 of 2021




              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.28 OF 2021
            BETWEEN:

            SRI C N KEMPAIAH
            S/O. NAGAIAH,
            AGED ABOUT 61 YEARS,
            THE CHIEF SECRETARY,
            THE EXTENSION HOUSE BUILDING,
            BHADRAVATHI,
            SHIMOGGA DISTRICT,
            PIN-577 245.
                                                         ...PETITIONER
            (BY SRI H.C.SHIVARAM, ADVOCATE)
            AND:

            SMT MALATHI
            S/O. RAMACHANDRA,
            W/O. HARIDAS UPADHYAYA,
            AGED ABOUT 61 YEARS,
Digitally
            R/AT IDK 79/B,
signed by   HUTTA COLONY,
MALATESH    BHADRAVATHI,
KC          SHIMOGA DISTRICT-577 245.
Location:                                               ...RESPONDENT
HIGH
COURT OF    (BY SRI. VENKATESHA T S, ADVOCATE)
KARNATAKA        THIS CRL.RP IS FILED UNDER SECTION 397 CR.P.C
            PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED
            BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
            SHIVAMOGGA      (SITTING    AT     BHADRAVATHI)      IN
            CRL.A.NO.5002/2019 DATED 12.03.2020 FOR THE OFFENCE
            P/U/S 420 R/W 34 OF IPC CONSEQUENTLY TO CONFIRM THE
            ACQUITTAL ORDER PASSED BY THE 2ND ADDITIONAL CIVIL
            JUDGE AND JMFC DATED 16.11.2018 IN C.C.NO.2174/2007.
                                   -2-
                                                     NC: 2024:KHC:45605
                                               CRL.RP No. 28 of 2021




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

                              ORAL ORDER

Joint memo is filed. Petitioner could not be present

before the Court on account of his old age ailment, who is said

to be bedridden. Respondent also could not come today before

the Court. In the meantime, learned counsel for the revision

petitioner and learned counsel for the respondent have

presented a joint memo.

2. Taking note of the health condition of the parties

and respondent being the lady, joint memo can be accepted

and matter can be disposed of placing the joint memo on

record.

3. Accordingly, placing the joint memo on record,

revision petition stands disposed of.

4. Amount as agreed in the joint memo shall be paid

by the revision petitioner to the respondent, failing which the

order of the Trial Court stands restored automatically.

Sd/-

(V SRISHANANDA) JUDGE