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2025 DAILYLAW 30928 (KAR)

KUMARA K v. LOKESH

CRL.RP/1316/2019 · 2025-03-07

J M Khazi

body2025

Judgment text

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- 1 - NC: 2025:KHC:10089 CRL.RP No. 1316 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1316 OF 2019 BETWEEN: SRI. KUMARA K, S/O KARIGOWDA, AGED ABOUT 43 YEARS, R/AT NO. 7, 2ND B CROSS, BALAJINAGAR, ITTAMADU, BENGALURU - 560 085. …PETITIONER (BY SRI. MAHADEVA SWAMY P, ADVOCATE) AND: SRI. LOKESH, S/O T.R. NANJEGOWDA, AGED ABOUT 31 YEARS, R/AT C/O VIMALA K, NO 19, 7TH CROSS, 1ST MAIN, BEHIND AVK HOTEL, SUNNADAGUDA ROAD, KUMARASWAMY LAYOUT, 2ND STAGE, BENGALURU - 560 085. …RESPONDENT (BY SMT. S. JAYANTHI RAVI PRAKASH, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED ON 19.06.2018 IN C.C.NO.3798/2016 ON THE FILE OF THE VI ADDITIONAL SMALL CAUSE JUDGE AND XXXI ADDITIONAL Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10089 CRL.RP No. 1316 of 2019 CHIEF METROPOLITAN MAGISTRATE BENGALURU AND ACQUIT THE PETITIONER/ACCUSED FOR OFFENCE P/U/S.138 OF NI ACT AND ALSO CRL.A.NO.1329/2018 ON THE FILE OF THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-68) JUDGMENT DATED 06.09.2019. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER The petitioner and respondent are present. 2. Learned counsel for the petitioner and the respondent are also present. 3. The compromise petition is filed duly signed by both petitioner and respondent and their respective counsel under Section 147 of N.I Act. 4. This petition is supported by the affidavit of the petitioner and joint memo, signed by both petitioner and respondent and their respective counsels. Respondent reports receipt of Rs.14,750/-. - 3 - NC: 2025:KHC:10089 CRL.RP No. 1316 of 2019 5. In the light of the settlement arrived by the parties. The petition is allowed. 6. The impugned judgment and order passed by the Trial Court dated 19.06.2018 in C.C No.3798/2016 on the file of VI Additional Small Causes Judge and XXXI Additional Chief Metropolitan Magistrate, Bengaluru City and the impugned judgment and order passed by the Sessions Court dated 06.09.2019 in Crl.Appeal No.1329/2018 on the file of LXVII Additional City Civil and Sessions Judge, Bengaluru City (CCH No.68) are set aside. 7. The petitioner/accused is acquitted for the offence punishable under Section 138 of N.I Act. 8. The respondent/complainant is permitted to withdraw the amount in deposit. Sd/- (J.M.KHAZI) JUDGE KBM List No.: 1 Sl No.: 27 CT: BHK