Sri Srinivasa Naidu vs Sri C Subramanya
2024 Latest Caselaw 27820 Kant

Karnataka High Court

Sri Srinivasa Naidu vs Sri C Subramanya on 20 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                       NC: 2024:KHC:46986
                                                  CRL.RP No. 697 of 2016




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                       BEFORE

                      THE HON'BLE MR JUSTICE V SRISHANANDA

                 CRIMINAL REVISION PETITION NO. 697 OF 2016

               BETWEEN:

               SRI. SRINIVASA NAIDU
               AGED ABOUT 75 YEARS,
               S/O. VENKATASWAMY NAIDU,
               R/O. SANDY MAIDAN ROAD,
               BAVIKERE, TARIKERE TALUK-577549.
                                                            ...PETITIONER
               (BY SRI. S KALYAN BASAVARAJ, ADVOCATE)

               AND:

               SRI. C. SUBRAMANYA
               AGED ABOUT 72 YEARS,
               S/O C. L. DORAISWAMY NAIDU,
               R/O. III CROSS, RANGANATHA EXTENSION,
Digitally signed
               GOPALA, SHIVAMOGA -577201.
by
DHARMALINGAM                                               ...RESPONDENT
Location: HIGH   (BY SRI. SANDESH P NADIGER., ADVOCATE)
COURT OF
KARNATAKA
                    THIS CRL.R.P.IS FILED U/S.397 R/W 401 CR.P.C
               PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE IN
               C.C.NO.4285/2005 DATED 16.01.2014 ON THE FILE OF THE II
               ADDL. CIVIL JUDGE AND JMFC, BHADRAVATHI SO ALSO SET
               ASIDE THE JUDGMENT IN CRL.A.NO.39/2014 DATED
               22.04.2016 ON THE FILE OF THE IV ADDL. DIST. AND S.J.,
               SHIVAMOGGA, SITTING AT BHADRAVATHI, CONFIRMING
               JUDGMENT AND SENTENCE PASSED BY THE TRIAL COURT AND
               ETC.
                              -2-
                                          NC: 2024:KHC:46986
                                     CRL.RP No. 697 of 2016




     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 filed, signed by the parties and their

respective Advocates.

2. The memo reads as under:

"It is humbly submitted that the Petitioner/Accused has paid Rs.2,44,000/- (Rupees Two Lakh Forty Four Thousand only) by way of cash to the Respondent and has also agreed to give consent to withdraw the amount of Rs.2,06,000/- (Rupees Two Lakh Six Thousand only) that is deposited before the Trial Court and as such have settled the dispute amicably. Hence, it is humbly prayed that this Hon'ble Court may be pleased to dispose the above Criminal Revision Petition as settled out of Court in the interests of Justice. It is also humbly prayed to waive the cost of Rs.5,000/- (Rupees Five Thousand only) imposed by the Trial Court in the interest of Justice."

NC: 2024:KHC:46986

3. Placing the Joint Memo on record, the criminal

revision petition stands disposed of in terms of the joint

memo.

4. In view of the Joint Memo, the amount in deposit

is ordered to be withdrawn by the complainant under due

identification.

5. Since the matter is settled between the parties

amicably, fine amount of Rs.5,000/- imposed by the

learned trial Magistrate confirmed by the learned Judge in

the First Appellate Court towards defraying expenses of

the State stands set aside.

Sd/-

(V SRISHANANDA) JUDGE

DL CT: JL