M/S Tirumala Constructions vs Mr K N Viswanatha
2024 Latest Caselaw 27917 Kant

Citation : 2024 Latest Caselaw 27917 Kant
Judgement Date : 21 November, 2024

Karnataka High Court

M/S Tirumala Constructions vs Mr K N Viswanatha on 21 November, 2024

Author: V Srishananda

Bench: V Srishananda

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                                               CRL.RP No. 555 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 21ST DAY OF NOVEMBER, 2024

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO. 555 OF 2022


            BETWEEN:

            1.    M/S TIRUMALA CONSTRUCTIONS
                  BUILDERS AND DEVELOPERS
                  A PARTNERSHIP FIRM
                  OFFICE AT NO.326, 5TH MAIN,
                  10TH CROSS, 4TH STAGE,
                  VINAYAKA LAYOUT,
                  NAGARABHAVI
                  BANGALORE-560072
                  REPRESENTED BY ITS
                  MANAGING PARTNERS
                  MR MOHAN AND MR PRAVEEN MOHAN

            2.    MR MOHAN R
                  S/O LATE RANGANATHAN
                  AGED ABOUT 72 YEARS
Digitally
signed by   3.    MR PRAVEEN MOHAN
MALATESH
KC                S/O MOHAN R
Location:         AGED ABOUT 43 YEARS
HIGH
COURT OF          BOTH ARE OFFICE AT NO.326,
KARNATAKA
                  5TH MAIN,
                  10TH CROSS, 4TH STAGE,
                  VINAYAKA LAYOUT,
                  NAGARABHAVI
                  BANGALORE-560072
                                                       ...PETITIONERS
            (BY SRI CHETHAN KUMAR K, ADVOCATE)
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                                           CRL.RP No. 555 of 2022




AND:

1.   MR K N VISWANATHA
     S/O SRI K N NARAYANA SETTY
     AGED ABOUT 57 YEARS,
     RESIDING AT NO.2878,
     2ND B MAIN ROAD
     BSK 2ND STAGE,
     BANGALORE-560070
                                                     ...RESPONDENT
(BY SRI. MADHUKAR NADIG, ADVOCATE)
     THIS CRL.RP IS FILED UNDER SECTION 397 CR.P.C
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
CONVICTION ORDER DATED 30.03.2021 PASSED BY THE
HONBLE XIV A.C.M.M, MAYO HALL AT BENGALURU IN
C.C.NO.56363/2019 AND ETC.,

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

                             ORAL ORDER

Joint memo is filed. Joint memo reads as under.

"The petitioners and the respondent named above submits as follows:

1. The petitioners and the respondent at the intervention of well-wishers and friends, have amicably settled the above matter under the following terms and conditions.

2. The petitioners admit the claim of the respondent in CC No.56363/ 2019 and accepted the judgment passed in CC No.56363/2019 dated 30-3-2021. The petitioners have agreed to pay the fine amount of Rs.13,50,000/- in terms of the judgment passed in the above CC No.56363/2019.

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3. Out of the compensation of Rs.13,50,000/-, the petitioners have already deposited Rs.6,75,000/- before the trial court in CC in CC No.56363/2019 on the file of 34th ACMM Mayohall in compliance of the interim orders passed by the Hon'ble City civil and Sessions judge in Criminal Appeal. No.25071/2021 and Interim order passed by the Hon'ble high court of Karnataka Criminal Rev. Petition No.555/2022.

The respondent has already withdrawn an amount Rs.6,75,000/- deposited in the trial court, as such the petitioners undertakes to deposit Rs.10,000/- to the state. The petitioners further agreed/undertakes to pay remaining fine amount of Rs.6,65,000/- (Rupees six lakhs sixty five thousand only) to the respondent in three installments in the following manner:

a) A sum of Rs.2,25,000/- by way of DD or RTGS or NEFT to the respondent on or before 10-12-

2024.

b) A sum of Rs.2,25,000/- by way of DD or RTGS or NEFT to the respondent on or before 10-2-2025.

c) A sum of Rs.2,15,000/- by way of DD or RTGS or NEFT to the respondent on or before 10-4-2025.

4. The petitioners agreed and undertake pay the aforesaid amount of Rs.6,65,000/- to the respondent without committing any default or delay. If the petitioners failed to pay the amount in installments as stated above on the respective due dates, the respondents is at liberty to

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enforce the judgment passed in CC No.56363/2019 to recover the balance amount.

5. It is submits that, the payment of Rs.6,65,000/- agreed to pay by the petitioners is also part of the payment agreed to be paid in terms of the compromise petition filed before city civil court in OS No.3722/2022."

2. Wherefore, the petitioners and respondent prays that,

this Hon'ble court be pleased to pass necessary orders in terms of

joint memo in the above case, in the interest of justice and equity."

3. After the payment of entire compensation amount

as agreed in the joint memo, sum of Rs.10,000/- imposed by

the learned Trial Magistrate, confirmed by the First Appellate

Court towards the defraying expenses of the State stands set

aside.

4. However, if the amount as agreed in the joint

memo not paid, order of the learned Trial Magistrate, confirmed

by the First Appellate Court stands restored automatically.

Sd/-