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2025 DAILYLAW 18719 (KAR)

SRI N MANJUNATH, v. SRI K GANGADHAR,

CRL.RP/356/2024 · 2025-02-27

H P Sandesh

body2025

Judgment text

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- 1 - NC: 2025:KHC:8610 CRL.RP No. 356 of 2024 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.356 OF 2024 BETWEEN: SRI N MANJUNATH, S/O NANJAREVANNA, AGED ABOUT 51 YEARS R/AT MISSION BEEDHI ROAD, KALKERE VILLAGE, HORAMAVU POST, BENGALURU EAST TALUK, BENGALURU 560043 …PETITIONER (BY SRI PRAKASH R B, ADVOCATE) AND: SRI K GANGADHAR, S/O KRISHNAPPA, AGED ABOUT 52 YEARS, R/AT NEAR SEETHARAMANJANEYA TEMPLE II CROSS, NRI COLONY, KALKERE, HORAMAVU POST, BENGALURU - 560043 …RESPONDENT (BY SRI NAGESH M, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 03.11.2018 IN C.C.NO.55171/2014 Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8610 CRL.RP No. 356 of 2024 PASSED BY THE LVII ADDL.C.M.M., (MAYO HALL), BENGALURU AND ORDER DATED 23.11.2023 IN CRL.A.NO.25226/2018 PASSED BY THE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC. 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 petitioner and the respondent along with their respective counsel are present. 2. I.A.No.2/2024 is filed under Section 147 of NI Act. Both the parties submit that the matter is settled amicably and accordingly, the petitioner agreed to pay a sum of Rs.7,00,000/- and the said amount is already paid by the petitioner in favour of the respondent as full and final settlement. It is also submits that the revision petitioner is entitled to receive 20% of the deposited amount i.e., Rs.2,02,400/- before the Trial Court and the respondent submit that he has no objection to release the said amount. - 3 - NC: 2025:KHC:8610 CRL.RP No. 356 of 2024 3. Having considered the grounds urged in the application, the Trial Court is directed to pay the amount in deposit after deducting the amount of Rs.5,000/- which shall vest with the State in favour of the revision petitioner on proper identification. Accordingly, I.A.No.2/2024 is allowed and the revision petitioner is acquitted for the offence punishable under Section 138 of NI Act. Hence, the revision petition is disposed of. 4. In view of settlement of the matter, I.A. if any, does not survive for consideration and the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE SN