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2025 DAILYLAW 27889 (KAR)

M/S THE OLEANDER CLOTHING (INDIA) PVT LTD., v. SRI.R. RAMACHANDRA,

CRL.RP/1051/2023 · 2025-04-01

J M Khazi

body2025

Judgment text

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- 1 - NC: 2025:KHC:13549 CRL.RP No. 1051 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1051 OF 2023 (397(Cr.PC) / 438(BNSS)) BETWEEN: 1. M/S. THE OLEANDER CLOTHING (INDIA) PVT LTD., NO.79/8, 8TH CROSS, MAGADI ROAD RIGHT SIDE SHANKARAPPA GARDEN, BENGALURU-560 023. REP BY ITS, MANAGING DIRECTOR SRI.S.T VASAN 2. SRI. S.T VASAN, S/O LATE P.SELVAM AGED ABOUT 49 YEARS, MANAGING DIRECTOR, NO.79/8, 8TH CROSS MAGADI ROAD, RIGHT SIDE SHANKARAPPA GARDEN, BENGALURU-560 023. …PETITIONERS (BY SRI. JABIULLA M., AND SRI. MANJUNATHA K.,ADVOCATES) AND: SRI.R. RAMACHANDRA, S/O LATE B SUBBA RAO AGED ABOUT 68 YEARS R/A NO.104, 4TH FLOOR PRITHIVI APARTMENTS CAUVERY LAYOUT 13TH CROSS, GARKAMANATHAN PALYA NEW THIPPASANDRA Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13549 CRL.RP No. 1051 of 2023 BENGALURU-560 075 …RESPONDENT (BY SMT. SREEKALA P.A., ADVOCATE FOR SRI. LAKSHMISH G.,ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE LXXII ADDL.CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL BENGALURU IN CRL.A.NO.25052/2022 DATED 11.04.2023. AND SET ASIDE THE JUDGMENT / ORDER OF CONVICTION AND SENTENCE PASSED BY THE HONBLE XXXIII A.C.M.M AT MAYO HALL BENGALURU IN C.C.NO.55631/2014 DATED 18.02.2022. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER There is no representation for the petitioner. 2. Respondent - Complainant and his counsel are present before the Court. 3. Learned counsel for the respondent files a memo stating that this matter is settled before the trial Court. The certified copy of the order sheets and the memo dated 12.08.2024 filed before the trial Court are produced. 4. In the memo, it is stated that, the entire sum of Rs.6,00,000/- (Rupees Six Lakhs only) is received from the petitioner/accused and the accused has deposited sum of - 3 - NC: 2025:KHC:13549 CRL.RP No. 1051 of 2023 Rs.1,00,000/- (Rupees One Lakh only) before the trial Court, which is to be permitted to be withdrawn by the complainant. 5. In the light of the settlement entered into between the parties before the trial Court, this petition does not survive for consideration. 6. Accordingly, the petition is dismissed as having become infructuous. However, if the appellant/accused dispute the settlement arrived at before the trial Court, he is at liberty to get the present petition revived. 7. The respondent - Complainant is at liberty to withdraw the amount deposited before the trial Court. All the pending applications, if any, stands disposed off as no separate order is required. Sd/- (J.M.KHAZI) JUDGE AG List No.: 1 Sl No.: 49