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2025 DAILYLAW 32777 (KAR)

SRI P S KIRAN v. SRI VIRUPAKSHA SHETTY A K

CRL.RP/1318/2023 · 2025-03-26

H P Sandesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:12848 CRL.RP No. 1318 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1318 OF 2023 BETWEEN: SRI P S KIRAN S/O SRI. P V SURESH, AGED ABOUT 39 YEARS, RESIDING AT NO.1224/2390, M/S KIRAN TRADERS, IN FRONT OF OLD TALUK OFFICE ROAD, RAMANAGARA TOWN, RAMANAGARA - 562159. …PETITIONER (BY SMT. ASHA S M, ADVOCATE FOR SRI. PRASANNA KUMAR B T, ADVOCATE) AND: SRI VIRUPAKSHA SHETTY A K S/O A.V. KRISHNAMURTHY SHETTY, AGED ABOUT 80 YEARS, RESIDING AT NO. 2282, M.G. ROAD, RAMANGARA TOWN, RAMANAGARA DISTRICT - 562159 …RESPONDENT (BY SRI A N SATHISH, ADVOCATE SRI M R SHASHIDHAR, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12848 CRL.RP No. 1318 of 2023 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE LEARNED III ADDL.DISTRICT AND SESSIONS JUDGE AT RAMANAGARA IN CRL.A.NO.38/2021 ON 31.07.2023 AND ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL ORDER The learned counsel for the petitioner has filed I.A.No.1/2025 under Section 147 of N.I. Act. Both the parties are present before the Court and the matter was negotiated and earlier occasion also, this Court taken note of effective settlement arrived between the parties wherein they have settled the matter for Rs.75,000/-. Accordingly, DD bearing No.594067 is issued in favour of the respondent to the tune of Rs.70,000/- and the said DD is acknowledged by the counsel for the respondent and the same is mentioned in the application filed under Section 147 of NI Act. Out of an amount of Rs.75,000/-, an - 3 - NC: 2025:KHC:12848 CRL.RP No. 1318 of 2023 amount of Rs.5,000/- is payable to the State and agreed to pay the same. 2. The Trial Court imposed the fine of Rs.10,000/- to be payable to the State and this Court while considering the matter for settlement, suggested to file an application seeking permission to reduce the same to Rs.5,000/- and accordingly, the learned counsel for the petitioner filed a memo praying this Court to reduce the fine amount from Rs.10,000/- to Rs.5,000/-. In view of the said memo, fine amount is reduced to Rs.5,000/- from Rs.10,000/- and this Court directed the petitioner to deposit the fine of Rs.5,000/- before the Trial Court within a week from today and place the receipt for having deposited the fine amount of Rs.5,000/- in the registry. If fine amount is not filed within a week, put up this matter before the Court on 09.04.2025. Consequently, the petitioner/accused is acquitted for the offence punishable under Section 138 of N.I. Act. - 4 - NC: 2025:KHC:12848 CRL.RP No. 1318 of 2023 The amount in deposit of Rs.3,00,000/- is ordered to be released in favour of the respondent on proper identification and the petitioner has no objection to release the said amount. Sd/- (H.P.SANDESH) JUDGE SN