M/S The Oleander Clothing (India) Pvt ... vs Sri.R. Ramachandra
2025 Latest Caselaw 106 Kant

Karnataka High Court

M/S The Oleander Clothing (India) Pvt ... vs Sri.R. Ramachandra on 1 April, 2025

                                           -1-
                                                        NC: 2025:KHC:13549
                                                   CRL.RP No. 1051 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 1ST DAY OF APRIL, 2025

                                          BEFORE
                          THE HON'BLE MS JUSTICE J.M.KHAZI
                    CRIMINAL REVISION PETITION NO. 1051 OF 2023
                               (397(Cr.PC) / 438(BNSS))
             BETWEEN:

             1.   M/S. THE OLEANDER CLOTHING (INDIA) PVT LTD.,
                  NO.79/8, 8TH CROSS, MAGADI ROAD
                  RIGHT SIDE SHANKARAPPA GARDEN,
                  BENGALURU-560 023.
                  REP BY ITS,
                  MANAGING DIRECTOR
                  SRI.S.T VASAN

             2.   SRI. S.T VASAN,
                  S/O LATE P.SELVAM
                  AGED ABOUT 49 YEARS,
                  MANAGING DIRECTOR,
                  NO.79/8, 8TH CROSS
                  MAGADI ROAD,
                  RIGHT SIDE SHANKARAPPA GARDEN,
                  BENGALURU-560 023.
                                                          ...PETITIONERS
Digitally
signed by    (BY SRI. JABIULLA M., AND
REKHA R         SRI. MANJUNATHA K.,ADVOCATES)
Location:
High Court   AND:
of
Karnataka
                  SRI.R. RAMACHANDRA,
                  S/O LATE B SUBBA RAO
                  AGED ABOUT 68 YEARS
                  R/A NO.104, 4TH FLOOR
                  PRITHIVI APARTMENTS
                  CAUVERY LAYOUT
                  13TH CROSS,
                  GARKAMANATHAN PALYA
                  NEW THIPPASANDRA
                                -2-
                                            NC: 2025:KHC:13549
                                      CRL.RP No. 1051 of 2023




    BENGALURU-560 075
                                                  ...RESPONDENT
(BY SMT. SREEKALA P.A., ADVOCATE FOR
    SRI. LAKSHMISH G.,ADVOCATE)

      THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE
ORDER PASSED BY THE HONBLE LXXII ADDL.CITY CIVIL AND
SESSIONS    JUDGE    AT    MAYO     HALL BENGALURU   IN
CRL.A.NO.25052/2022 DATED 11.04.2023. AND SET ASIDE THE
JUDGMENT / ORDER OF CONVICTION AND SENTENCE PASSED BY
THE HONBLE XXXIII A.C.M.M AT MAYO HALL BENGALURU IN
C.C.NO.55631/2014 DATED 18.02.2022.

     THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM:    HON'BLE MS JUSTICE J.M.KHAZI


                            ORAL ORDER

There is no representation for the petitioner.

2. Respondent - Complainant and his counsel are

present before the Court.

3. Learned counsel for the respondent files a memo

stating that this matter is settled before the trial Court. The

certified copy of the order sheets and the memo dated

12.08.2024 filed before the trial Court are produced.

4. In the memo, it is stated that, the entire sum of

Rs.6,00,000/- (Rupees Six Lakhs only) is received from the

petitioner/accused and the accused has deposited sum of

NC: 2025:KHC:13549

Rs.1,00,000/- (Rupees One Lakh only) before the trial Court,

which is to be permitted to be withdrawn by the complainant.

5. In the light of the settlement entered into between

the parties before the trial Court, this petition does not survive

for consideration.

6. Accordingly, the petition is dismissed as having

become infructuous. However, if the appellant/accused dispute

the settlement arrived at before the trial Court, he is at liberty

to get the present petition revived.

7. The respondent - Complainant is at liberty to

withdraw the amount deposited before the trial Court.

All the pending applications, if any, stands disposed off as

no separate order is required.

Sd/-

(J.M.KHAZI) JUDGE

AG