Karnataka High Court
Sri. Kantha Raj R M vs Smt. Meena on 16 October, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:41988
CRL.RP No. 1423 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 1423 OF 2021
BETWEEN:
SRI KANTHA RAJ R.M.,
AGED ABOUT 39 YEARS,
S/O MUNIREAJU R.C.,
R/AT RAMANAYAKANAHALLI VILLAGE,
GUNJUR POST, SARJAPURA HOBLI,
ANEKAL TALUK, BANGALORE DISTRICT - 562 107.
...PETITIONER
(BY SRI P.S. JAGADEESH, ADVOCATE FOR
SRI P.B.RAJU, ADVOCATE)
AND:
SMT.MEENA,
AGED ABOUT 40 YEARS,
W/O VENKATASWAMY,
R/AT PAPANNA LAYOUT,
THIGALACHOWDADENAHALLI VILLAGE,
Digitally SARJAPUR HOBLI, ANEKAL TALUK,
signed by BENGALURU DISTRICT - 562 107.
MALATESH ...RESPONDENT
KC (BY SRI FAYAZ SAB B.G., ADVOCATE)
Location:
HIGH THIS CRIMINAL REVISION PETITION IS FILED UNDER
COURT OF SECTION 397 AND 401 OF CR.P.C PRAYING TO SET ASIDE THE
KARNATAKA
JUDGMENT OF CONVICTION AND ORDER OF SENTENCE
AWARDED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT
ANEKAL IN C.C.NO.529/2016 DATED 05.07.2018 AND
CONFIRMED BY THE APPELLANT COURT IN THE COURT OF III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, SIT AT ANEKAL IN CRL.A.NO.5018/2018
DATED 07.08.2021 AND FURTHER ACQUIT THE
PETITIONER/ACCUSED FROM CHARGES PUNISHABLE UNDER
SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.
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NC: 2024:KHC:41988
CRL.RP No. 1423 of 2021
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Memo filed and signed by the petitioner and learned
counsel for petitioner.
2. Learned counsel for the respondent has no objections
to accept the memo and dispose off the revision petition.
3. Memo reads as under:
"The petitioner above named respectfully submits as
under;
1. The Petitioner is the accused. The petitioner has
challenged the order passed by the learned Magistrate
in C.C. No.529/2016 on the file of Prl. Civil Judge &
JMFC, at Anekal and Crl.Appeal No.5018/2018 on the
file of the III Addl. District and Sessions Judge,
Bengaluru Rural District, Sit at Anekal, convicting the
accused for the offences U/Sec. 138 of N.I.Act, which is
confirmed in Criminal Appeal. The cheque amount is
Rs.3,00,000/-. The learned Magistrate has directed
payment of Rs.3,00,000/- + fine amount of
Rs.80,000/- and cost of Rs.5,000/-. Hence the Revision
Petition.
2. The petitioner has deposited Rs.1,50,000/- on
2.8.2024 before the Prl. Civil Judge and J.M.F.C. Anekal
in C.C. No.529/2016.
3. The petitioner respectfully submits that he may be
permitted to pay a sum of Rs.1,75,000/ in 4
installments in addition to the above sum of
Rs.1,50,000/- already deposited before the Prl. Civil
Judge and J.M.F.C. Anekal in C.C. No.529/2016, in full
NC: 2024:KHC:41988
and final satisfaction of the above judgment / claim
made by the complainant.
4. The petitioner undertakes to pay the sum of
Rs.1,75,000/- (Rupees One Laksh Seventy Five
Thousand only) as under
1st installment on or before 31.10.2024 Rs.25,000/-
2nd installment on or before 30.11.2024 Rs.50,000/-
3rd installment on or before 31.12.2024 Rs.50,000/-
4th installment on or before 31.01.2025 Rs.50,000/-
The above be kindly accepted and the petition be
disposed of in said terms, in the interest of justice."
4. Placing the said memo on record, the revision petition
stands disposed off.
It is made clear that in the event if there is any default in
payment as is mentioned in the memo, the conviction order
passed by the trial Magistrate and confirmed by the First
Appellant Court would be restored automatically. The fine of
Rs.5,000/- imposed by the trial Magistrate is hereby set aside
as the lis is privy to the parties.
Sd/-
(V SRISHANANDA)
JUDGE
CPN
