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2025 DAILYLAW 38632 (KAR)

SRI D L KALLESHA v. SRI PRASANNA KUMAR V DEAD BY LRS SMT SHAMALA

CRL.RP/132/2025 · 2025-07-17

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26776 CRL.RP No. 132 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 132 OF 2025 BETWEEN: SRI D L KALLESHA S/O LAKSHMAIAH AGED ABOUT 40 YEARS R/AT No. 30, KAMASAMUDRAM MAIN ROAD DESIHALLI KASABA HOBLI BANGARPET TALUK – 563 162. …PETITIONER (BY SRI AVINASH P, ADVOCATE) AND: 1. 1(A) SRI PRASANNA KUMAR V DEAD BY LR’s SMT. SHAMALA W/O LATE PRASANNA KUMAR AGED ABOUT 38 YEARS. 1(B) KUM. B LIKITHA D/O LATE PRASANNA KUMAR AGED ABOUT 20 YEARS. 1(C) KUM. POOJA D/O LATE PRASANNA KUMAR AGED ABOUT 18 YEARS. 1(D) KUM. SOWJANYA D/O LATE PRASANNA KUMAR AGED ABOUT 16 YEARS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26776 CRL.RP No. 132 of 2025 REPRESENTED BY NATURAL GUARDIAN SMT. SHAMALA AGED ABOUT 38 YEARS 1(E) MASTER HAVISH TEJ S/O LATE PRASANNA KUMAR AGED ABOUT 38 YEARS ALL ARE R/AT No. 338, 3RD CROSS KUPPASWAMY MUDALIAR LAYOUT BANGARPET – 563 114. …RESPONDENTS (BY SRI ABHISHEK N V, ADVOCATE FOR R1(A) TO (E) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.PC PRAYING TO SET-ASIDE THE JUDGMENT PASSED BY THE COURT OF THE III- ADDL DISTRICT AND SESSIONS JUDGE AT KOLAR (SITTING AT K.G.F) IN CRL.A. No. 63/2024 VIDE ORDER DATED 17.12.2024 AND ACQUIT THE APPELLANT BY ALLOWING THE ABOVE APPEAL AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Petitioner and learned counsel for petitioner present. Respondent No.1(a) and learned counsel for respondents present. 2. A joint memo is filed and it is signed by petitioner, respondent No.1(a) and their respective counsels. As per - 3 - HC-KAR NC: 2025:KHC:26776 CRL.RP No. 132 of 2025 the terms of joint memo, the matter is settled for Rs.2,00,000/- including the amount deposited by the petitioner in a sum of Rs.1,50,000/- before the trial Court. Petitioner has no objection for respondent withdrawing the said amount before the trial Court deposited by the petitioner. Petitioner has to deposit balance of Rs.50,000/- within five months and in three installments. Respondent No.1(a) has agreed for receiving the balance amount of Rs.50,000/- within five months and in three installments. 3. In view of the above settlement, the offence under Section 138 of the N.I.Act is compounded. In view of compounding the revision petition is disposed as offence compounded. 4. If the petitioner fails to pay balance amount of Rs.50,000/- in five months and in three installments, the judgment of trial Court will revive. - 4 - HC-KAR NC: 2025:KHC:26776 CRL.RP No. 132 of 2025 5. Respondent No.1(a) is permitted withdraw Rs.1,50,000/- deposited by the petitioner before the trial Court. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 42