Citation : 2024 Latest Caselaw 25112 Kant
Judgement Date : 21 October, 2024
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NC: 2024:KHC:42333
CRL.RP No. 363 of 2022
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.363 OF 2022
BETWEEN:
SRI M.V. SRINIVAS
S/O. VENKATARAMEGOWDA
AGED ABOUT 59 YEARS
R/AT NO.170/B, 9TH CROSS
VIJAYANAGAR, BEML NAGAR POST
BANGARPET TALUK
KOLAR DISTRICT-563 114.
...PETITIONER
(BY SRI M.R. NANJUNDA GOWDA, ADVOCATE)
AND:
SRI S. RANGANATH
S/O. SEENAPPA
AGED ABOUT 45 YEARS
R/AT NO.53/1
Digitally SRI SAI JYOTHI NAGAR
signed by
MALATESH S.G. KOTE POST, KASABA HOBLI
KC BANGARPET, KGF MAIN ROAD
Location: BANGARPET TALUK
HIGH KOLAR-563 114.
COURT OF
KARNATAKA ...RESPONDENT
(BY SRI ANNAIAH C.V., ADVOCATE)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER OF CONVICTION AND ORDER
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NC: 2024:KHC:42333
CRL.RP No. 363 of 2022
REGARDING SENTENCE DATED 29.03.2021 PASSED IN
C.C.No.209/2018 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
AND ADDITIONAL JMFC AT KGF BY CONVICTING THE
PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION
138 OF NI ACT AND TO SET ASIDE THE JUDGMENT PASSED ON
01.02.2022 IN CRL.A.No.15/2021 ON THE FILE OF THE III
ADDITIONAL SESSIONS JUDGE AT KOLAR (SITTING AT K.G.F.,)
AND ACQUIT THE PETITIONER FOR THE AFORESAID OFFENCE.
THIS CRIMINAL REVISION 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. Contents of the joint memo reads as
under:
"The petitioner and the respondent have compromised the above matter and the petitioner has agreed to pay sum of Rs.6,25,000/- towards full and final settlement out of which sum of Rs.3,80,000/- was deposited and the respondent is permitted to withdraw the said amount. Remaining amount of Rs.2,70,000/- will be paid in two instalments in a sum of Rs.1,35,000/- on 21.11.2024 and Rs.1,35,000/- on 21.12.2024, in the interest of justice."
NC: 2024:KHC:42333
2. Placing the joint memo on record, revision petition
stands disposed of.
3. In view of the settlement, fine amount of
Rs.50,000/- imposed by the learned Trial Magistrate towards
defraying expenses of State, modified by the First Appellate
Court in a sum of Rs.10,000/- is hereby set aside.
4. Amount in deposit, if any, is ordered to be
withdrawn by the complainant under due identification.
Sd/-
(V SRISHANANDA) JUDGE
MR
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