HARISH KUMAR L v. SRI. OBBALA REDDY @ BOGI REDDY OBULA REDDY
CRL.RP/1378/2019 · 2025-01-20
H P Sandesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32195 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32195 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2156 CRL.RP No. 1378 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 1378 OF 2019 BETWEEN:
1.
HARISH KUMAR L, S/O LAKKAPPA AGED ABOUT 33 YEARS R/O CHANNASANDRA KANAKANAGARA MAIN ROAD HIORAMAVU POST BENGALURU-560 043. …PETITIONER
(BY SRI. SRIKANTH N.V., ADVOCATE) AND:
1.
SRI. OBBALA REDDY @ BOGI REDDY OBULA REDDY S/O LATE BALI REDDY AGED ABOUT 43 YEARS R/AT MANJUNATHANAGARA 4TH CROSS, VIGNAN NAGAR KELKERE, BENGALURU-560 043. …RESPONDENT
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE
JUDGMENT AND SENTENCE DATED 18.09.2019 PASSED IN CRL.A.NO.25185/2018 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU THEREBY DISMISSING THE CRIMINAL APPEAL FILED BY THE PETITIONER BY CONFIRMING THE
JUDGMENT DATED 04.10.2018 PASSED IN C.C.NO.51060/2018
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2156 CRL.RP No. 1378 of 2019
ON THE FILE OF THE LVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, BENGALURU.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
Heard learned counsel for the petitioner and learned counsel for the respondent. Both the petitioner and the respondent are present before the Court.
2.
Learned counsel for both the parties have filed an application under Section 147 of the N.I. Act. In the application, it is mentioned that in view of the intervention of elders and well-wishers to solve the issues raised between the petitioner and the respondent, they have filed this application.
3. In the application, it is also stated that the petitioner has agreed to pay a sum of Rs.2,60,000/- towards full and final settlement to the respondent and the respondent has agreed to receive the said amount from the petitioner without any condition. It is also agreed that, out of the total amount of Rs.2,60,000/- to be paid by the petitioner, an amount of Rs.1,10,000/- is paid by way of cash and fine
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NC: 2025:KHC:2156 CRL.RP No. 1378 of 2019
amount of Rs.1,50,000/- is deposited by the petitioner before the Trial Court in C.C.No.51061/2018 on two occasions i.e., on 29.11.2018, an amount of Rs.60,000/- and on 03.01.2020, an amount of Rs.90,000/- in terms of the order of the Trial Court and the petitioner has no objection to withdraw the sum of Rs.1,50,000/- which is in deposit before the Trial Court in C.C.No.51061/2018. Hence, prays this Court to acquit the petitioner by allowing the application.
4. The respondent/complainant, who is present before the Court acknowledges receipt of Rs.1,10,000/- by way of cash. Learned counsel for both the parties also submit that in terms of the order of the Trial Court, an amount of Rs.5,000/- to be paid to the State Ex-Chequer as fine is deposited before the Trial Court on 29.11.2018 and receipt for having deposited the said amount is also produced before the Court. Since, the receipt for having deposited the fine of Rs.5,000/- to the State Ex-Chequer is produced before the Court, the parties are permitted to compound the offence by allowing the application filed under Section 147 of N.I. Act. Since, the petitioner also says no objection to release the amount in favour of the
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NC: 2025:KHC:2156 CRL.RP No. 1378 of 2019
petitioner, the Trial Court is directed to release the amount in favour of the respondent/complainant on proper identification.
5. In view of compounding of the offence between the parties, the petitioner/accused is acquitted of the offence punishable under Section 138 of N.I. Act.
Accordingly, the criminal revision petition stands disposed of.
Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 60