R Basavaraju vs H B Chandrashekar
2024 Latest Caselaw 25724 Kant

Karnataka High Court

R Basavaraju vs H B Chandrashekar on 29 October, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                 NC: 2024:KHC:43699
                                             CRL.RP No. 915 of 2018




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 29TH DAY OF OCTOBER, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
               CRIMINAL REVISION PETITION NO. 915 OF 2018
            BETWEEN:

            R. BASAVARAJU,
            S/O RANGAIAH,
            AGED ABOUT 54 YEARS,
            CHANNENAHALLY,
            MATHIGHATTA POST, HIRISAVE HOBLI,
            CHANNARAYAPATTANA TALUK,
            HASSAN DISTRICT - 573 116,
            NOW AT HOSA SEEGEBAGI TILED HOUSE,
            BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301.
                                                     ...PETITIONER
            (BY SRI. CHANDRASHEKARA K.A, ADVOCATE)

            AND:


Digitally   H.B. CHANDRASHEKAR,
signed by   S/O BOREGOWDA,
MALATESH
KC          AGED ABOUT 552 YEARS,
Location:   HOSAHALLI VILLAGE,
HIGH        SRAVANABELAGOLA HOBLI,
COURT OF
KARNATAKA   CHANNARAYAPATTANA TALUK,
            HASSAN DISTRICT - 573 116.
                                                     ...RESPONDENT
            (BY SRI. T. SWAROOP, ADVOCATE)

                   THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
            PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
            07.04.2018 PASSED BY THE LEARNED SENIOR CIVIL JUDGE
                                    -2-
                                               NC: 2024:KHC:43699
                                           CRL.RP No. 915 of 2018




AND JMFC, CHANNARAYAPATANA IN C.C.NO.82/2012 AND
MODIFIED BY THE LEARNED IV ADDITIONAL DISTRICT AND
SESSIONS         JUDGE,       HASSAN       DISTRICT     (SIT    AT
CHANNARAYAPATNA) IN CRL.A.NO.79/2018 DATED 03.08.2018
AND TO ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE
P/U/S 138 OF N.I ACT.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE V SRISHANANDA

                          ORAL ORDER

Sum of Rs.1,00,000/- is tendered by learned counsel for

the revision petitioner to the respondent. Same is

acknowledged in the order sheet.

Balance amount of Rs.1,05,000/- would be paid on or

before 31.12.2024 as per the joint memo filed by the parties.

Amount in deposit in a sum of Rs.45,000/- is ordered to

be withdrawn by the complainant under due identification.

Placing the joint memo on record, revision petition stands

disposed of.

It is made clear that in the event of non-payment of

amount as agreed in the joint memo, order of the learned Trial

NC: 2024:KHC:43699

Magistrate confirmed by the First Appellate Court stands

restored automatically.

Since the matter is now ended by filing the joint memo,

fine amount in a sum of Rs.10,000/- awarded by the learned

Trial Magistrate confirmed by the First Appellate Court towards

defraying expenses of the State is hereby set aside.

Sd/-

(V SRISHANANDA) JUDGE

KAV

CT: BHK