Citation : 2024 Latest Caselaw 27276 Kant
Judgement Date : 13 November, 2024
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NC: 2024:KHC:45925
CRL.RP No. 1240 of 2024
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. 1240 OF 2024
(397(Cr.PC)/438(BNSS))
BETWEEN:
SRI VENUGOPAL
S/O.LATE KRISHNAMURTHY
AGED ABOUT 55 YEARS
R/AT NO.227, 3RD MAIN
TATA SILK FARM
BASAVANAGUDI
BENGALURU-560 004
...PETITIONER
(BY SRI A.JOHN BOSCO, ADVOCATE)
AND:
SRI RAMA PRASAD REDDY
S/O.SRI G.V.VENKATESH REDDY
AGED ABOUT 47 YEARS
R/AT NO.4027, 10TH CROSS
6TH MAIN, SHASTRY NAGAR
BENGALURU-560 028
...RESPONDENT
Digitally (BY SRI ASHOKA T., ADVOCATE)
signed by B
LAVANYA
THIS CRIMINAL REVISION PETITION IS FILED UNDER
Location: SECTIONS 397 AND 401 CR.PC. PRAYING TO EXAMINE THE
HIGH
COURT OF LEGALITY, PROPRIETY AND CORRECTNESS OF THE FINDING
KARNATAKA CONTAINED IN TWO JUDGMENTS AND SET ASIDE THE
JUDGMENT PASSED BY THE SESSIONS JUDGE CONFIRMING
THE JUDGMENT OF CONVICTION AND ORDER ON SENTENCE
DATED 05.03.2014 PASSED IN CC.NO.13062/2009 BY XXII
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU
AND DIRECT THE ACQUITTAL OF THE PETITIONER OF ALL THE
CHARGES LEVELLED AGAINST HIM.
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NC: 2024:KHC:45925
CRL.RP No. 1240 of 2024
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
A joint memo is filed on 13.11.2024 signed by both
parties and their respective Advocates. The said joint
memo reads as under:
"1. It is submits that, the Hon'ble Trial Court convicted the petitioner in C.C.No.13062/2009 Vide Order dated 5.3.2014, the Petitioner/ Accused has convicted Under Section 138 of N.I.Act. The Accused/Petitioner is sentenced to pay fine of Rs.4,05,000/-. Order passed by the XXII ACMM, at Bangalore. The Petitioner being aggrieved by the Judgement of Conviction, the Accused/Petitioner filed Appeal before the LXII Addl. City Civil & Sessions Judge, (CCH-63) at Bangalore in Crl.Appeal in No.260/2014 & the Learned Appellant Court confirm the Trial Court Order vide judgement order dated 05.07.2016. The first Appellate Court has Dismissed the same on 05.07.2016. The Petitioner challenged the both the Courts Judgement before this Hon'ble Court.
2. It is submits that, after filing of the above Crl.Rev.Petition, the Petitioner and the Respondent are settled the Dispute amicably with the intervention of Well-wishers, Elders and Family Members, Friends of both the parties. The Petitioner / Accused has agreed to pay the amount for a sum of Rs.4,05,000/- full and final settlement. The Respondent/ Complainant agreed the same.
NC: 2024:KHC:45925
3. It is submits that, the aforesaid settlement amount for a sum of Rs.4,05,000/- paid by the way of D.D. bearing No.963136, dated 10.10.2024, the D.D. drawn on State Bank of India, Bangalore in favour of XXII Addl. C.M.M., at Bangalore the said D.D. deposited before XXII Addl.C.M.M. at Bangalore on 14.10.2024.
4. That the Respondent state that since the matter was compromised the Petitioner may be acquitted in the above case with the Directions of this Hon'ble Court.
WHEREFORE, the Petitioner and Respondent most respectfully prays that this Hon'ble Court may be pleased to accept the above Joint Memo and pass necessary Orders in accordance with law, in the interest of Justice."
Placing the said joint memo on record, the revision
petition stands disposed of.
In view of the disposal of the revision petition, all
pending applications are consigned to records.
Sd/-
(V SRISHANANDA) JUDGE
LB
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