Sri Vijayakumar L vs Sri Madhukumar L
2024 Latest Caselaw 26978 Kant

Karnataka High Court

Sri Vijayakumar L vs Sri Madhukumar L on 11 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                    NC: 2024:KHC:45702
                                               CRL.RP No. 1115 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.1115 OF 2021
            BETWEEN:

            1.    SRI VIJAYAKUMAR L
                  S/O SRI N LAKKANNA
                  AGED ABOUT 37 YEARS,
                  MARUTHAPPA FLOUR MILL
                  1ST MAIN, KEMPEGOWDA NAGAR
                  T DASARAHALLI
                  BENGALURU - 560 057
                                                         ...PETITIONER
            (BY SRI SHANKAR G, ADVOCATE)
            AND:

            1.    SRI MADHUKUMAR L
                  S/O LAKSHMAN
                  AGED ABOUT 43 YEARS,
                  R/AT NO.06, BEHIND RELIANCE FRESH,
                  R R LAYOUT,
Digitally         HESARAGHATTA MAIN ROAD
signed by         NAGASANDRA POST
MALATESH
KC                BENGALURU - 560 073
Location:                                               ...RESPONDENT
HIGH        (BY SRI. B S NAGARAJ, ADVOCATE)
COURT OF
KARNATAKA        THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
            CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
            AND ORDER DATED 22.02.2021 PASSED BY THE LXVIII
            ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
            IN CRL.A.NO.1988/2018 CONFIRMING THE JUDGMENT AND
            SENTENCE DATED 04.09.2018 PASSED BY THE XX ACMM,
            BANGALORE IN C.C.NO.6519/2017 PRODUCED AS DOCUMENT
            NO.1 AND 2 AND ETC.,
                                 -2-
                                               NC: 2024:KHC:45702
                                         CRL.RP No. 1115 of 2021




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


                          ORAL ORDER

Demand draft in a sum of Rs.1,40,000/- is tendered by

learned counsel for the revision petitioner to the learned

counsel for the respondent. Same is acknowledged in the order

sheet.

2. Learned counsel for the revision petitioner submits that

sum of Rs.34,500/- is already deposited before the Trial Court

and same can be withdrawn by the complainant. The

submission is placed on record.

3. Learned counsel for the revision petitioner files a memo

which reads as under:

"The petitioner has deposited a sum of Rs.34,500/- in Trial Court. The petitioner has today paid a sum of Rs.1,40,000/- (one lakh forty thousand only) DD No.001011 dated 08.11.2024, Bank of India.

The petitioner undertakes to pay a sum of Rs.90,500/- (ninety thousand five hundred only) towards full and final settlement in three installments first one being Rs.30,500/- on or before 31.12.2024, second one being Rs.30,000/- on or before 31.01.2025 and the third one being Rs.30,000/- on or before 28.02.2025 payable through DD.

NC: 2024:KHC:45702

Accordingly, the above petition may be disposed of to meet the ends of justice."

4. Learned counsel for the respondent and respondent have

no objection.

5. Placing the memo on record, revision petition stands

disposed of.

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

the order passed by the learned Trial Judge confirmed by the

learned Judge in the First Appellate Court stands restored

automatically.

7. Amount in deposit is ordered to be withdrawn by the

complainant, under due identification.

8. In view of the settlement, Rs.5,000/- imposed by the

learned Trial Judge confirmed by the learned Judge in the First

Appellate Court towards defraying expenses of the State is

hereby set-aside, as the lis is privy to the parties and no State

machinery is involved.

Sd/-

(V SRISHANANDA) JUDGE