Karnataka High Court
Sri R Mahesh vs Sri Jnanachandra on 21 October, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:42208
CRL.RP No. 429 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 429 OF 2017
BETWEEN:
SRI. R. MAHESH
S/O LATE R.RUDRAPPA,
AGED ABOUT 56 YEARS,
R/AT #811, 5TH CROSS,
ARAVINDANAGAR
MYSORE-570023.
R/A, NO.1980, 5TH CROSS,
K-BLOCK, KUVEMPU NAGAR,
NEAR KEB, MYSORE-570023.
...PETITIONER
(BY SRI. NAVEEN KUMAR., ADVOCATE FOR
SRI. A MADHUSUDHANA RAO., ADVOCATE)
AND:
Digitally signed by SRI. JNANACHANDRA
DHARMALINGAM
Location: HIGH
S/O N.B.SHARMA,
COURT OF AGED ABOUT 59 YEARS,
KARNATAKA R/AT, NO.37, E.W.S.,
K.H.B. HOUSE, 2ND STAGE,
KUVEMPUNAGARA, MYSORE-570023.
...RESPONDENT
(BY SRI. P.NATARAJU., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT
MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND
SENTENCE DATED 12.01.2016 PASSED BY THE I ADDITIONAL I
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NC: 2024:KHC:42208
CRL.RP No. 429 of 2017
CIVIL JUDGE AND J.M.F.C., MYSURU IN C.C.NO.1294/2012
AND ETC.
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. The memo reads as under:
"1. The Petitioner has filed the above Criminal
Revision Petition before this the judgment and
sentence passed in Hon'ble Court challenging
C.C.No.1294/2012 on the file of the I Addl.
First Civil Judge and JMFC, Mysore, and the
judgment and sentence passed in Criminal
Appeal No.38/2016 on the file of the 1 Addl.
Sessions Judge, Mysore, whereby courts below
have allowed the compliant filed by the
Respondent under section 138 of the
Negotiable Instruments Act, and have directed
the Petitioner to pay a fine of Rs.2,80,000/-. As
per the orders passed by this Hon'ble Court and
the appellate court, the Petitioner has
deposited a sum of Rs.1,40,000/-.
NC: 2024:KHC:42208
3. At instance of the well wishers, the
Petitioner and the Respondent have mutually
agreed to settle the controversy involved in the
above case, and the Respondent has agreed to
receive a sum of Rs.2,10,000/- from the
Petitioner in full and final settlement of his
claim under the cheque dated the Respondent
which is the subject matter of the above case.
4. It is agreed between the parties that
the Respondent is entitled to immediately
withdraw the sum of Rs.1,40,000/- which is in
deposit in the trial court as per the orders
passed by the appellate court and the first
appellate court.
5. The Petitioner hereby undertakes that
out of the balance amount of Rs.70,000/- he
will pay a sum of Rs.35,000/-to the Respondent
on or before 21st of November 2024 and that
the remaining amount of Rs.35,000/- will be
paid to the Respondent on or before 21st
December 2024. On such payment, the
Respondent shall not have any claim as against
the Petitioner and shall not be entitled to
proceed against the Petitioner on the basis of
NC: 2024:KHC:42208
the judgment and sentence passed by the
courts below.
6. It is hereby agreed between the parties
that in the event of the Petitioner failing to
comply with the aforesaid undertaking within
the time prescribed, the Respondent shall be
entitled to proceed against the Petitioner as per
the judgment and sentences passed by the
courts below.
7. Wherefore, it is most respectfully
prayed that this Hon'ble Court be pleased to
dispose the above Criminal Revision petition as
per the aforesaid terms, in the interest of
justice and equity."
2. The criminal revision petition stands disposed of
in terms of the joint memo.
Sd/-
JUDGE
DL
CT: JL
