Citation : 2025 Latest Caselaw 5679 Kant
Judgement Date : 28 March, 2025
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NC: 2025:KHC-D:5757
CRL.RP No. 100404 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO.100404 OF 2022
(397(CR.PC)/438(BNSS))
BETWEEN:
SRI RAMANAGOUDA S/O. HANAMANTGOUDA PATIL,
AGE: 42 YEARS, OCC. BUSINESS,
R/O. KAREMMA NAGAR, SATTUR,
DHARWAD, PIN CODE-580 008,
TQ. AND DIST. DHARWAD.
...PETITIONER
(BY SMT . POOJA R. SAVADATTI, ADVOCATE)
AND:
SRI HUSSAINSAB S/O. KHADARSAB SANGATI,
AGE: 71 YEARS, OCC. RETIRED,
R/O. KAREMMA NAGAR, SATTUR,
Digitally
signed by V
DHARWAD, TQ AND DIST. DHARWAD.
N BADIGER
VN
BADIGER Date:
2025.04.02
PIN CODE 580 008.
11:20:54
+0530 ...RESPONDENT
(BY SRI VAISHALI K. KALADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S. 397
R/W. SECTION 401 OF CR.P.C., SEEKING TO SET ASIDE THE
IMPUGNED JUDGMENT PASSED IN CRIMINAL APPEAL
NO.26/2022, DATED 29.09.2022, BY III ADDITIONAL DISTRICT
AND SESSIONS AND SPECIAL JUDGE, DHARWAD, CONFIRMING
THE JUDGMENT AND ORDER OF CONVICTION IN CC
NO.167/2018, DATED 14.12.2021, BY THE III ADDITIONAL
CIVIL JUDGE AND JMFC, DHARWAD AND CONSEQUENTLY
ACQUIT THE ACCUSED FOR AN OFFENCE PUNISHABLE U/S.
138 OF N.I. ACT.
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NC: 2025:KHC-D:5757
CRL.RP No. 100404 of 2022
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Parties are present with their respective Advocates
and they present a joint memo. Joint memo reads as
under:
"Herein, in the top-noted petition, the Revision Petitioner most respectfully submit and state as under:
1. That, the Criminal Revision Petitioner filed the present petition challenging the Judgment passed in Criminal Appeal No.26/2022 by the III Additional District & Sessions Special Judge, Dharwad, confirming the Judgment & Order of Conviction in C.C No.167/2018, dated 14/12/2021.
2. In view of the impugned Order the Petitioner was granted relief by this Hon'ble Court by allowing Petitioner to deposit amount of Rs.1,00,000/- Dated 25/07/2024 and Rs.50,000/- Dated 05/03/2025 with a direction of this Hon'ble Court the Petitioner deposited the same.
NC: 2025:KHC-D:5757
3. Thus, the Parties-in-Lis have settled the matter amicably towards full and final claim as under:
Sl.No. Agreed terms (in Time Frame Rupees)
1. 50,000/- 3rd April 2025
2. 9,00,000/- Within Six months of Equal Duration monthly (from Installments 03/04/2025)
4. In view of the above settlement the Respondent/Complainant accepts the above terms towards full and final claim and has no objection to allow the present Petition in terms of the Present Joint Memo.
Both the Parties have voluntarily accepted the above terms of the Joint Memo and have consented for the same, hence this Joint Memo."
Placing the joint memo on record, revision petition
stands disposed of.
It is made clear that amount as agreed in the joint
memo if not paid by the revision petitioner, order of the
learned Trial Magistrate confirmed by the First Appellate
NC: 2025:KHC-D:5757
Court stands restored automatically and respondent is at
liberty to execute the impugned order.
Amount in deposit is ordered to be withdrawn by the
complainant under due identification.
After payment of entire compensation amount, fine
amount of Rs.10,000/- imposed by the learned Trial
Magistrate confirmed by the First Appellate Court towards
defraying expenses of the State stands set aside.
SD/-
(V.SRISHANANDA) JUDGE
KAV CT:PA
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