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High Court of Karnataka · body

2025 DAILYLAW 22586 (KAR)

R AMARNATHA v. L PRAKASH

CRL.RP/769/2022 · 2025-02-17

H P Sandesh

Criminal Appealbody2025

Judgment text

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- 1 - NC: 2025:KHC:6897 CRL.RP No. 769 of 2022 C/W CRL.RP No. 773 of 2022 CRL.RP No. 776 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 769 OF 2022 C/W CRIMINAL REVISION PETITION NO. 773 OF 2022 CRIMINAL REVISION PETITION NO. 776 OF 2022 IN CRL.RP No. 769/2022: BETWEEN: 1. R. AMARNATHA S/O RAMAKRISHNAPPA AGED ABOUT 41 YEARS RESIDING AT NO.34, VENKATAGIRI KOTE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE: 562 110. …PETITIONER (BY SRI. RANGANATHA R., ADVOCATE) AND: 1. L. PRAKASH S/O C. LAKSHMAIAH AGED ABOUT 58 YEARS R/AT “SRI KRISHNA NILAYA” NO.64, 8TH MAIN ROAD, G.M.PALYA NEW THIPPASANDRA POST BENGALURU-560 075. …RESPONDENT (BY SRI. V.J.NARAYAN KUMAR, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6897 CRL.RP No. 769 of 2022 C/W CRL.RP No. 773 of 2022 CRL.RP No. 776 of 2022 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 03.09.2019 PASSED BY THE LEARNED LVIII ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT AT BENGALURU (ACMM-58) IN C.C.NO.55338/2015 AND JUDGMENT AND ORDER DATED 10.02.2022 PASSED BY THE HON’BLE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT AT BENGALURU (CCH-75) IN THE CRIMINAL APPEAL NO.25287/2019. IN CRL.RP NO. 773/2022: BETWEEN: 1. R. AMARNATH S/O RAMAKRISHNAPPA AGED ABOUT 41 YEARS RESIDING AT NO.34, VENKATAGIRI KOTE, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE: 562 110. ...PETITIONER (BY SRI. RANGANATHA R., ADVOCATE) AND: 1. L. PRAKASH S/O C. LAKSHMAIAH AGED ABOUT 58 YEARS R/AT “SRI KRISHNA NILAYA” NO. 64, 8TH MAIN ROAD, G.M.PALYA NEW THIPPASANDRA POST, BENGALURU- 560 075. ...RESPONDENT (BY SRI. V.J.NARAYAN KUMAR, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 03.09.2019 PASSED BY THE LEARNED LVIII ACMM, MAYOHALL UNIT, - 3 - NC: 2025:KHC:6897 CRL.RP No. 769 of 2022 C/W CRL.RP No. 773 of 2022 CRL.RP No. 776 of 2022 BANGALORE IN C.C.NO.51569/2019 AND JUDGMENT AND ORDER DATED 10.02.2022 PASSED BY THE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BANGLAORE (CCH-75) IN CRL.A.NO.25288/2019. IN CRL.RP NO. 776/2022: BETWEEN: 1. R. AMARNATH S/O RAMAKRISHNAPPA AGED ABOUT 41 YEARS REISIDNG AT NO.34 VENKATAGIRI KOTE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE: 562 110. ...PETITIONER (BY SRI. RANGANATHA R., ADVOCATE) AND: 1. L. PRAKASH S/O C. LAKSHMAIAH AGED ABOUT 58 YEARS R/AT “SRI KRISHNA NILAYA” NO.64, 8TH MAIN ROAD, G.M.PALYA NEW THIPPASANDRA POST BENGALURU-560 075. ...RESPONDENT (BY SRI. V.J.NARAYAN KUMAR, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 03.09.2019 PASSED BY THE LVIII ADDL.C.M.M., MAYO HALL UNIT, BENGALURU (ACMM-58) IN C.C.NO.55339/2015 AND JUDGMENT AND ORDER DATED 10.02.2022 PASSED BY THE LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-75) IN CRL.A.NO.25286/2019. - 4 - NC: 2025:KHC:6897 CRL.RP No. 769 of 2022 C/W CRL.RP No. 773 of 2022 CRL.RP No. 776 of 2022 THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER The office has raised the objection that verifying affidavit of the petitioner is not filed and now, the petitioner has filed the verifying affidavit before this Court. 2. The parties and their respective counsels are present before the Court and admit that they have settled the matter for an amount of Rs.6,02,000/- each towards full and final settlement to be payable in favour of the respondent and the said amount has already been deposited before the Trial Court, in terms of the order passed by this Court, while suspending sentence. 3. In view of the reasons assigned in the application- I.A.No.1/2025 filed in each of these petitions under Section 320 Cr.P.C. read with Section 147 of N.I. Act, the matters are compromised and the petitioner is permitted to compound the offence by allowing the application-I.A.No.1/2025 filed in each of these petitions. Consequently, the revision petitioner is acquitted for the offence punishable under Section 138 of N.I. - 5 - NC: 2025:KHC:6897 CRL.RP No. 769 of 2022 C/W CRL.RP No. 773 of 2022 CRL.RP No. 776 of 2022 Act. The Trial Court, while disposing of C.C.Nos.55338/2015, 51569/2019 and 55339/2015 imposed fine of Rs.5,000/- each to be paid to the State. Now, learned counsel for the petitioner undertakes to deposit Rs.5,000/- each in all the cases within one week from today and the counsel is directed to produce the receipt before the Registry within a period of ten days from today. If the amount of Rs.5,000/- each in all the cases are not deposited and receipt is not produced, list these matters on 28.02.2025. If receipt is produced in the Registry, no need to list the cases. Accordingly, the criminal revision petitions stand disposed of in view of compromise. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 7