Mr Siyan Sharief vs The Parampara Multipurpose Co ...
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Karnataka High Court

Mr Siyan Sharief vs The Parampara Multipurpose Co ... on 22 October, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                  NC: 2024:KHC:42479
                                              CRL.RP No. 816 of 2024




                 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.816 OF 2024
            BETWEEN:

            1.    MR SIYAN SHARIEF
                  S/O MR. SHEIK AMANULLA
                  AGED ABOUT 27 YEARS
                  H.NO. 268/2, SAATH MAZIL
                  GANDHI MAIDAN
                  KARKALA 574104
                  UDUPI DISTRICT
                                                       ...PETITIONER
            (BY SRI K SHASHIKANTH PRASAD, ADVOCATE)
            AND:

            1.    THE PARAMPARA MULTIPURPOSE
                  CO-OPERATIVE SOCIETY
                  KARKALA 574104
                  REPRESENTED BY ITS ACCOUNTANT
Digitally         MR. PRADEEP
signed by         AGED ABOUT 33 YEARS
MALATESH
                  S/O M.R NARAYANA DEVADIGA
KC
                  HERGA VILLAGE
Location:         KARKALA 574 104
HIGH
COURT OF                                          ...RESPONDENT
KARNATAKA (BY SRI. CHANDRANATH ARIGA K, ADVOCATE)
                 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
            CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED IN
            APPEAL 4/2023 DATED 04.06.2024 ON THE FILE OF THE II
            ADDL. DIST. AND SESSIONS JUDGE, UDUPI (ITINERARY
            SITTING AT KARKALA) AND THE JUDGMENT SENTENCE DATED
            07.01.2023 PASSED BY THE PRL. CIVIL JUDGE AND JMFC
            COURT, AT KARKALA, UDUPI IN C.C.NO.870/2018 AND
            THEREBY REV. PETITIONER /ACCUSED WAS ACQUITTED FROM
            THE OFFENCE U/S 138 OF N.I. ACT.
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                                                  NC: 2024:KHC:42479
                                              CRL.RP No. 816 of 2024




     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 is filed by the learned counsel for the revision

petitioner which reads as under:

"The petitioner and respondent is hereby by agreed to settle the entire loan amount for Rs.12,00,000/- out of that said amount petitioner already deposited Rs.6,00,000/- in Prl. Civil Judge and JMFC Court, Karkala.

Petitioner is hereby agreed to pay the balance amount of Rs.6,00,000/- on or before 30.04.2025."

2. Placing the joint memo on record, petition stands

disposed of.

3. Amount in a sum of Rs.5,000/- ordered by the learned

Trial Judge to be paid towards defraying expenses of the State,

confirmed by the learned Judge in the First Appellate Court is

hereby set-aside, as the lis is privy to the parties and no State

machinery is involved.

4. However, if the amount is not paid as agreed in the joint

memo, order of conviction passed by the learned Trial Judge

stands restored automatically.

NC: 2024:KHC:42479

5. The amount in deposit is permitted to be withdrawn by

the complainant, under due identification.

Sd/-

(V SRISHANANDA) JUDGE

kcm