Sri Rajesh S A vs Sri Venugopal S N
2024 Latest Caselaw 27677 Kant

Citation : 2024 Latest Caselaw 27677 Kant
Judgement Date : 19 November, 2024

Karnataka High Court

Sri Rajesh S A vs Sri Venugopal S N on 19 November, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                  NC: 2024:KHC:46834
                                               CRL.RP No. 34 of 2024




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                   BEFORE
                  THE HON'BLE MR JUSTICE V SRISHANANDA
                 CRIMINAL REVISION PETITION No.34 OF 2024
          BETWEEN:

          1.    SRI RAJESH S A
                S/O ASHOK REDDY,
                AGED ABOUT 32 YEARS,
                R/AT SULIKUNTE,
                DOMMASANDRA POST,
                VARTHUR HOBLI,
                BENGALURU EAST TALUK,
                BENGALURU-562125.
                                                        ...PETITIONER
          (BY SRI SHIVA KUMARA G S, ADVOCATE)
          AND:

          1.    SRI VENUGOPAL S N
                S/O LATE NAGARAJA REDDY Y
                AGED ABOUT 39 YEARS,
                R/AT NO. 132, SULIKUNTE,
                DOMMASANDRA POST,
Digitally
signed by       VARTHUR HOBLI,
MALATESH        BENGALURU EAST TALUK,
KC              BENGALURU-562125.
Location:                                             ...RESPONDENT
HIGH      (BY SRI S.N.SHASHIDHARA FOR
COURT OF SRI NAGARAJA K R, ADVOCATES)
KARNATAKA
               THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C
          PRAYING TO ALLOW THIS PETITION AND THEREBY SET ASIDE THE
          JUDGMENT AND ORDER DATED 04.11.2023 PASSED BY THE IX
          ADDL. DISTRICT AND SESSIONS JUDGE C/C VIII ADDL. DISTRICT
          AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU
          IN CRL.APPEAL NO.36/2022 WHICH CONFIRMED THE JUDGMENT
          AND ORDER DATED 01.04.2022 IN C.C.NO.6527/2018, ON THE FILE
          OF THE II ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU
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                                                NC: 2024:KHC:46834
                                            CRL.RP No. 34 of 2024




RURAL DISTRICT AND THEREBY ACQUIT THE PETITIONER FOR THE
CHARGES FRAMED.

    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 which reads as under:

"The petitioner and the respondent submits as follows:

1. That the petitioner has filed the above petition being aggrieved by the Judgment and order dated 1-4-2022 passed by the II Addl. Chief Judicial Magistrate, Bengaluru District in Case No.C.C.6527/2018 convicting the petitioner for the offences punishable under Section 138 of N.I. Act and awarding sentence to pay a fine of Rs.1,60,000/- as compensation in default to undergone simple imprisonment for a period of 6 months which is confirmed by the IX Addl District and Sessions Judge, Bengaluru Rural District in Crl.Appeal No.36/2022 dated 4-11-2023.

2. That the petitioner has filed another revision petition in No.28/2024 being aggrieved by the Judgment and order dated 1-4-2022 passed by the II Addl Chief Judicial Magistrate, Bengaluru District in Case No.C.C.7230/2018 convicting the petitioner for the offences punishable under Section 138 of N.I. Act and awarding sentence to pay a fine of Rs.4,50,000/- as compensation in default to

NC: 2024:KHC:46834

undergone simple imprisonment for a period of 6 months which is confirmed by the IX Add District and Sessions Judge, Bengaluru Rural District in Crl.Appeal No.37/2022 dated 4-11-2023.

3. That the respondent has filed another private complaint in C.C.No.813/2018 pending on the file of the IV Addl Civil Judge and JMFC at Anekal under Section 138 of N.I. Act for Rs.2,00,000/-

4. Now in view of the settlement, the petitioner has agreed to pay total sum of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand only) to the respondent towards full and final settlement in respect of all the three cases on or before Dated 30.12.2024. It is further agreed that, the petitioner is at liberty for return of deposited amount.

5. That the respondent has agreed to file necessary memo for withdrawal of the case in C..C.No.813/2018 pending on the file of the IV Addl Civil Judge and JMFC at Anekal.

6.. That except the aforesaid amount the respondent shall not claim any further amounts from the petitioner.

Wherefore, the petitioner and the respondent pray that this Hon'ble court be pleased to dispose off the above petition in terms of this joint memo in the interest of justice and equity."

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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, the impugned Order of the learned Trial

Magistrate confirmed by the learned Judge in the First Appellate

Court stands restored automatically.

4. The amount in deposit is ordered to be withdrawn by the

accused under due identification, after payment of entire fine

amount to the complainant.

5. On payment of entire fine amount as agreed in the joint

memo, fine amount of Rs.10,000/- imposed by the learned Trial