Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8653 CRL.RP No. 203 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. 203 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.
MAHARASHTRA SILK CENTRE REPRESENTED BY ITS PROPRIETOR SURESHLAL HIRALAL AGED ABOUT 72 YEARS, S/O LATE HIRALAL NO.13, 1ST CROSS, RRMR EXTENSION,
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8653 CRL.RP No. 203 of 2025
SHANTHINAGAR, BENGALURU-560 027 REPRESENTED BY SPA HOLDER KISHORE SURESHLAL S/O SURESHLAL HIRALAL, AGED ABOUT 46 YEARS …RESPONDENT
(BY SMT. JANAVI R., ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER OF DISMISSAL OF APPEAL DATED 07.06.2023 PASSED IN CRL.A.NO.734/2018 ON THE FILE OF THE HON’BLE 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.31282/2014 ON THE FILE OF THE HONBLE XXV ADDL. CMM, 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,
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NC: 2025:KHC:8653 CRL.RP No. 203 of 2025
permitted to prosecute the case by the petitioner/applicant and hence, I.A.No.2/2025 is allowed.
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.: 7