Sri D James vs Sri N Gnanavelu
2024 Latest Caselaw 25934 Kant

Karnataka High Court

Sri D James vs Sri N Gnanavelu on 23 October, 2024

Author: V Srishananda

Bench: V Srishananda

                                     -1-
                                                 NC: 2024:KHC:42777
                                             CRL.RP No. 754 of 2021




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 23RD DAY OF OCTOBER, 2024

                                   BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                CRIMINAL REVISION PETITION No.754 OF 2021
            BETWEEN:

               SRI D. JAMES
               S/O. DORAI SWAMY
               AGED ABOUT 43 YEARS
               NO.288, 1ST STAGE
               5TH CROSS, KUVEMPUNAGAR
               JALAHALLI EAST, BENGALURU-560 014.
                                                       ...PETITIONER
                (BY SRI SHIVARAJ METRI, ADVOCATE FOR
                    SRI KEMPEGOWDA C.M., ADVOCATE)

            AND:

               SRI N. GNANAVELU
               S/O. NARAYANASWAMY
               AGED ABOUT 59 YEARS
Digitally
signed by      NO.79/A H.M. NAIK ROAD
MALATESH       7TH CROSS, 2ND STAGE
KC             KUVEMPUNAGAR, BENGALURU-560 014.
Location:                                           ...RESPONDENT
HIGH            (BY SRI N. GNANAVELU-RESPONDENT [ABSENT])
COURT OF
KARNATAKA        THIS CRIMINAL REVISION PETITION IS FILED UNDER
            SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE
            CONVICTION AND SENTENCE PASSED IN C.C.No.17253/2015
            ON THE FILE OF THE LEARNED XII ADDITIONAL CHIEF
            METROPOLITAN MAGISTRATE, BENGALURU DATED 31.08.2018
            AND ON THE FILE OF THE LXIII ADDITIONAL CITY CIVIL AND
            SESSIONS JUDGE, BENGALURU (CCH-64) IN CRL.A. No.1881/
            2018 DATED 29.01.2021 AND ACQUIT THE PETITIONER FOR
            THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I
            ACT.
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                                                 NC: 2024:KHC:42777
                                            CRL.RP No. 754 of 2021




      THIS CRIMINAL REVISION PETITION, COMING ON FOR
FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                          ORAL ORDER

Memo filed, which reads as under:

"The petitioner in the above case submits that he is ready to settled the matter by paying the cheque amount of Rs.1,30,000/- (Rupees one lakh thirty thousand only) and he has already deposited a sum of Rs.67,500/- (Rupees sixty seven thousand five hundred only) before the trial Court. Hence the petitioner is going to deposit the remaining cheque amount before the trial court on or before 31.12.2024 and accordingly be pleased to pass the judgment, in the interest of justice and equity."

2. In view of the memo, petition stands disposed of as

settled out of court.

3. In view of the settlement, Rs.5,000/- imposed by the

learned Trial Judge towards defraying expenses of the State is

set-aside, since the lis is privy to the parties.

NC: 2024:KHC:42777

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

petitioner, order of the learned Trial Judge stands restored

automatically.

Sd/-

(V SRISHANANDA) JUDGE

kcm