Sri K S Shivaraju @ Rajanna vs Sri Srinivas N M
2024 Latest Caselaw 25103 Kant

Karnataka High Court

Sri K S Shivaraju @ Rajanna vs Sri Srinivas N M on 21 October, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                           NC: 2024:KHC:42117
                                                     CRL.RP No. 781 of 2019




                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. 781 OF 2019


                BETWEEN:

                SRI K S SHIVARAJU @ RAJANNA
                S/O MANAVALLI HUCHAIAH
                AGED ABOUT 61 YEARS
                R/AT MARUTHI NAGAR,
                KUDUR HOBLI AND POST,
                MAGADI TALUK,
                RAMANAGARA DISTRICT-561101
                ALSO AT
                UPPANAHALLI VILLAGE, LAMBANITHANDA,
                GANGANAHALLI POST, SINGATAGERE HOBLI,
                KADUR TALUK, CHIKKAMAGALUR DISTRICT-577548
                                                        ...PETITIONER

Digitally signed by (BY SRI. PRADEEP J.S., ADVOCATE FOR
DHARMALINGAM            SRI. SUBBA SHASTRY N., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA           AND:

                SRI SRINIVAS N M
                S/O MADEGOWDA,
                AGED ABOUT 35 YEARS
                R/AT NO.299, 3RD A CROSS,
                50 FEET ROAD, T.C.NAGAR, LAGGERE,
                BANGALORE-560 058.
                                                               ...RESPONDENT
                (BY SMT. PRATHIBHA K M., ADVOCATE)
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                                       NC: 2024:KHC:42117
                                   CRL.RP No. 781 of 2019




     THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED
JUDGMENT DATED 06.05.2019 PASSED BY LXIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE CCH-64 AT BENGALURU IN
CONFIRMING THE JUDGMENT AND SENTENCE PASSED BY XIX
A.C.M.M., AT BENGALURU IN C.C.NO.13205/2012, DATED
01.02.2016 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 filed, signed by the parties and their

respective Advocates. The joint memo reads as under:

"The petitioner / Accused and the Respondent / Complainant beg to submit the following joint memo as follows:

1. The respondent / complainant had initiated proceedings under section 138 of the NI Act in C.C. No: 13205/2012 against the petitioner / Accused herein with respect to the cheque issued by the Petitioner dated 18-11-2011 for a sum of Rs. 5,00,000/- which came to be

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dishonored for the reason "Insufficient funds".

The Learned Trial Judge in C.C. No.13205/2012 convicted the petitioner herein by directing him to pay a fine of Rs.6,00,000/-

and in default to undergo simple imprisonment of 06 months. Aggrieved by the said Judgment, the petitioner herein preferred a Appeal in Crl. Appeal No : 293/2016 which also came to be dismissed by confirming the Judgment rendered by the Honorable Trial Court. Being aggrieved by the said Judgment, the petitioner has preferred this Revision petition before this Honorable Court.

2. It is submitted that at the intervention of family and friends, the petitioner and respondent have agreed to enter into an amicable settlement between them. Accordingly, the petitioner proposed to settle the dispute for a sum of Rs.3,85,000/- (three lakhs eighty five thousand only) as full and final settlement to which the respondent has agreed. The petitioner has represented that a sum of Rs.2,50,000/- ( two lakhs fifty thousand only) is already deposited before the Honorable Trial Court. The petitioner has requested the respondent to accommodate

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him for a period of 02 months [two months] to pay the remaining sum of Rs.1,35,000/- ( one lakh thirty five thousand only) to which the respondent has agreed. Accordingly the petitioner today has issued two post dated cheques to the respondent as herein below :

a) Post dated Cheque dated 21-11-2024 bearing No: 019091 drawn on SBI Bank, Kudur Branch for a sum of Rs. 70,000/-

(Seventy thousand only) in favour of the respondent.

b) Post dated Cheque dated 21-12-2024 bearing No: 019093 drawn on SBI Bank, Kudur Branch for a sum of Rs. 65,000/- (Sixty five thousand only) in favour of the respondent.

The respondent has acknowledged the receipt of the above mentioned cheques. The petitioner undertakes that he shall maintain sufficient balance in his account and assures the respondent that cheques issued by him will be honored when presented.

3. It is submitted that a sum of Rs.2,50,000/- (two lakhs fifty thousand only) is deposited by the petitioner before the Honorable Trial court.

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The respondent had filed an application IA No:

1/2024 before this Honorable Court seeking release of the said amount in his favour which came to be allowed by this Honorable Court on 30-08-2024. The petitioner does not have any objections for the respondent to seek release of the said amount in his favour. The petitioner has assured that he shall co-operate if necessary for the said release of amount.

4. The contents of this joint memo is read over and explained to the petitioner and the respondent. The contents and the terms of the memo are understood by the parties."

2. The criminal revision petition stands disposed of

in terms of the joint memo.

Sd/-

JUDGE

DL CT: JL