Suresh vs K Srinivasa
2024 Latest Caselaw 27274 Kant

Karnataka High Court

Suresh vs K Srinivasa on 13 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                 NC: 2024:KHC:46119
                                             CRL.RP No. 532 of 2015




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 13TH DAY OF NOVEMBER, 2024

                                   BEFORE
                   THE HON'BLE MR JUSTICE V SRISHANANDA
               CRIMINAL REVISION PETITION NO. 532 OF 2015
            BETWEEN:

            SURESH,
            S/O RANGAPPA,
            AGED ABOUT 37 YEARS,
            VILLAGE ACCOUNTANT, SUBHASH ROAD,
            SRINIVASPUR TOWN - 541 001.
                                                      ...PETITIONER
            (BY SRI. VENUGOPAL K, ADVOCATE FOR
                SRI. SHIVARAJU S, ADVOCATE)

            AND:

            K. SRINIVASA,
            S/O LATE KONAPPA,
            AGED ABOUT 30 YEARS,
            R/O AMBEDKAR NAGAR,
Digitally   SRINIVASPUR TOWN - 541 003.
signed by                                            ...RESPONDENT
MALATESH
KC
            (BY SRI. M. SHRIDHAR B.R, ADVOCATE FOR
Location:
HIGH            SRI. SHIVAPRAKASH, ADVOCATE)
COURT OF
KARNATAKA        THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
            PRAYING TO SET ASIDE THE IMPUGNED ORDER OF DISMISSAL
            DATED 13.5.2015 PASSED BY THE PRL. S.J., KOLAR IN
            CRL.A.NO.44/2012 IN CONFIRMING THE JUDGMENT OF
            CONVICTION AND SENTENCE DATED 30.8.2012 PASSED BY
            THE    PRL.   C.J. AND     J.M.F.C., SRINIVASPUR  IN
            C.C.NO.345/2008; SET ASIDE THE ORDER OF THE TRIAL
            COURTS BY ALLOWING THIS CRL.R.P.
                                   -2-
                                                NC: 2024:KHC:46119
                                            CRL.RP No. 532 of 2015




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


                           ORAL ORDER

Joint memo is filed sighed by respective Advocates. Joint

memo reads as under:

"It is submitted that both the parties in the above case herewith agreed settled matter as the petitioner/accused is paying a sum of Rs.1,20,000/- towards full and final settlement on or before 20.11.2024 and the respondent/complainant agreed to receive the same. Hence this memo may kindly be taken on record in the interest of justice."

2. Placing the joint memo on record, revision petition

stands disposed of.

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

agreed in the joint memo, order of the learned Trial Magistrate

confirmed by the First Appellate Court stands restored

automatically.

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

complainant/respondent under due identification.

NC: 2024:KHC:46119

5. After payment of entire amount as per the joint memo,

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

confirmed by the learned Judge in the First Appellate Court

towards defraying expenses of the State stands hereby set

aside.

Sd/-

(V SRISHANANDA) JUDGE

KAV

CT: BHK