Karnataka High Court
M/S Tim Tim Far East Export Trading ... vs Capt Ranga Karkera (Deceased) on 22 October, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:42527
CRL.RP No. 68 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 68 OF 2018
BETWEEN:
1. M/S TIM TIM FAR EAST EXPORT
TRADING COMPANY (P)LTD
A PRIVATE LIMITED COMPANY
HAVING ITS OFFICE AT A-20, M.I.D.C.
PATALGANGA, RAIGAD DISTRICT
MAHARASHTRA-410 220
3. MRS SATWANT BALSE
AGED 54 YEARS,
WIFE OF AJIT BALSE
DIRECTOR M/S TIM TIM FAR EAST EXPORT TRADING
CO (P) LTD., A-20, M.I.D.C.
PATALGANGA RAIGAD DISTRICT
MAHARASHTRA-410 220
Digitally
signed by ...PETITIONERS
MALATESH (BY SRI. M K VENKATRAMANA, ADVOCATE)
KC
Location: AND:
HIGH
COURT OF
KARNATAKA 1. CAPT RANGA KARKERA (DECEASED)
REPRESENTED BY
MR ASHWIN RANGA KARKERA
AGED ABOUT 32 YEARS,
SON OF LATE CAPT RANGA KARKERA,
NOW RESIDING AT 'SOURABHA',
JAYADURGA NAGARA, KANNARPADI, KINNIMULKI
KADEKAR POST & VILLAGE,
UDUPI-576101
...RESPONDENT
-2-
NC: 2024:KHC:42527
CRL.RP No. 68 of 2018
(BY SRI TEJAS.B.N FOR SRI AZHAR MEER, ADVOCATES)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT DATED 22.11.2017 PASSED IN
CRL.A.NO.45/2016 ON THE FILE OF THE PRINCIPAL SESSIONS
JUDGE, UDUPI DISTRICT, UDUPI AND SET ASIDE THE
JUDGMENT/ORDER OF CONVICTION DATED 16.04.2016
PASSED IN C.C.NO.3811/2003 ON THE FILE OF THE I
ADDITIONAL CIVIL JUDGE AND JMFC, UDUPI BY ALLOWING
THE ABOVE REVISION PETITION BY AQUITTING THE
PETITIONER.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
After arguing for some time, Sri M.K.Venkataramana,
learned counsel for the revision petitioner files a memo.
2. Copy of the said memo is seen and contents of the
memo is accepted by the counsel for the respondent.
3. Sri M.K. Venkataramana also submits that as per
the instructions of revision petitioner, the present memo is
submitted to the Court.
4. The memo reads as under:
"The undersigned counsel for second petitioner Mrs.
Satwant Balse, on the instruction of second petitioner
over telephone submits as follows:-
1. That the petitioners convicted for the offence U/s. 138 of
N.I.Act for compensation of Rs.35,00,000/- passed in
NC: 2024:KHC:42527
C.C.3811/2016 dated 16.04.2016. The Criminal Appeal
by the petitioner in Criminal Appeal No.45/2016 dated
22.11.2017.
2. The petitioners have made cash deposit total in all
Rs.8,75,000.00 in compliance of eviction order and the
same has withdrawn by the respondent.
3. It is submitted that the second petitioner herewith
undertakes to pay balance compensation amount of
Rs.26,75,000/- are as under
i) 11monthly instalment of Rs.2,20,000.00 per
month.
ii) 12th instalment on 12th month
Rs.4,75,000.00.
The above entire payment will be made on or before
1.11.2025.
Wherefore, it is prayed that this Hon'ble Court compound
the offences and in view of above instalment payment in
the interest of justice."
5. In view of the memo filed by the revision petitioner,
revision petition stands disposed of and the balance amount is
to be paid by the revision petitioner as agreed in the memo.
6. If the amount is not paid as agreed in the memo
filed on behalf of the revision petitioner after the period,
mentioned in the said memo, the complainant is at liberty to
execute the order of the learned Trial Magistrate confirmed by
the First Appellate Court in accordance with law.
NC: 2024:KHC:42527
7. In view of the above memo, fine amount imposed
by the learned Trial Magistrate in a sum of Rs.1,00,000/-
towards the defraying expenses of the State is hereby set aside
as the lis is privy to the parties as no State machinery is
involved.
8. After the payment of the amount, compulsory
period of imprisonment ordered by the learned Trial Magistrate
also stands set aside.
Sd/-
(V SRISHANANDA)
JUDGE
MR
