Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8654 CRL.RP No. 211 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 211 OF 2025 BETWEEN:
1.
IDEAL DISTRIBUTOR NO.30, BDA COMPLEX HSR LAYOUT BENGALURU -560102 REPRESENTED BY ITS PARTNER
2.
SYED IMTIYAZ AHMED (DECEASED ON 10.01.2024)
3.
GOWHAR JAHAN W/O LATE SYED IMTIYAZ AHMED AGED ABOUT 60 YEARS NO.70, 17TH C MAIN 11TH CROSS, SECTOR-IV HSR LAYOUT BENGALURU-102 …PETITIONERS
(BY SRI. ABHILESH J., ADVOCATE) AND:
1.
KISHORE SURESHLAL S/O SURESHLAL HIRALAL AGED ABOUT 51 YEARS NO.17, SUBRAMANYA SWAMY TEMPLE STREET V.V.PURAM
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8654 CRL.RP No. 211 of 2025
BENGALURU-560 004. …RESPONDENT
(BY SMT. JANAVI R., ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNNS) PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER OF DISMISSAL OF APPEAL DATED 07.06.2023 PASSED IN CRL.A.NO.736/2018 ON THE FILE OF THE HONBLE LXII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-63), AT BENGALURU (ANNEXURE-A) AND TO SET ASIDE THE
JUDGMENT AND
ORDER OF CONVICTION DATED 28.03.2018 PASSED IN C.C.NO.28745/2014 ON THE FILE OF THE HON’BLE XXV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU (ANNEXURE-B).
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
The learned counsel for the revision petitioner filed I.A.No.2/2025 seeking permission to prefer the instant petition since the original accused No.2 is no more. In support of the application, an affidavit is sworn to and also produced death certificate of accused No.2. Hence, permitted to prosecute the case by the petitioner/applicant and hence, I.A.No.2/2025 is allowed.
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NC: 2025:KHC:8654 CRL.RP No. 211 of 2025
2. The Joint memo also filed by the respective parties. In terms of the joint memo, parties have amicable settled the matter and paid a consolidated sum of Rs.4,00,000/- (Rupees Four Lakhs only) in favour of the respondent throughout full and final settlement. The respondent does not have any objection for the petitioner No.2 herein to withdraw the amount deposited by Mr.Imtiyaz Ahmed, partner of M/s.Ideal Distributor before the Trial Court. Hence, the Trial Court is directed to release the amount which is already in deposit in favour of petitioner No.2. In view of settlement arrived between the parties, final payment is paid in favour of respondent/complainant. Hence, joint memo is accepted and criminal petition is disposed of.
Sd/- (H.P.SANDESH) JUDGE
RHS List No.: 1 Sl No.: 8