SHRI. M SRIDHAR S/O M TUKARAMAPPA v. SHRI. K RAJENDRAKUMAR S/O. KRISHNARAO
CRL.RP/100057/2022 · 2025-04-08
V Srishananda
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 43739 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43739 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:6214 CRL.RP No. 100057 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO.100057 OF 2022 (397(CR.PC)/438(BNSS))
BETWEEN:
SHRI M. SRIDHAR S/O. M. TUKARAMAPPA, AGE: 50 YEARS, OCC. PROPRIETOR, M/S. SRI. BALAJI SECURITY SERVICE, R/O. H.NO. 51675/ BEHIND STATE BANK OF MYSORE, CANTONMENT, BELLARY, TAL. AND DIST. BELLARY-583101. …PETITIONER
(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)
AND:
1.
2.
3.
SHRI K. RAJENDRAKUMAR S/O. KRISHNARAO, SINCE DECEASED BY HIS LRS
SMT. SARASWATI W/O. K. RAJENDRAKUMAR, AGE: 57 YEARS, OCC. HOUSEHOLD,
K. RAJASHEKAR S/O. K. RAJENDRAKUMAR, AGE: 37 YEARS, OCC. NIL,
NAGRAJ S/O. K. RAJENDRAKUMAR,
Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:6214 CRL.RP No. 100057 of 2022
4.
5.
6.
AGE: 29 YEARS, OCC. NIL,
SANGEETA D/O. K. RAJENDRAKUMAR, AGE: 27 YEARS, OCC. NIL,
YUVRAJ S/O. K. RAJENDRAKUMAR, AGE: 25 YEARS, OCC. NIL,
UDAYKUMAR S/O. K. RAJENDRAKUMAR, AGE: 20 YEARS, OCC. NIL,
ALL THE ABOVE MENTIONED LRS OF THE DECEASED ARE RESIDENTS OF WARD NO 16, KOPPAL, TQ. AND DIST. KOPPAL-583231. …RESPONDENTS
(BY SRI. D.V. PATTAR, ADVOCATE FOR R1(A) TO R1(F))
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND ORDER DATED 02.11.2021 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE KOPPAL IN CRIMINAL APPEAL NO.29/2017 WHICH CONFIRMED THE JUDGMENT AND ORDER DATED 24.10.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, KOPPAL IN CC NO.571/2011, FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I.
ACT, AND ALSO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, KOPPAL IN CC NO.571/2011 DATED 24.10.2017.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:6214 CRL.RP No. 100057 of 2022
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Learned counsel for the petitioner has filed a joint memo. Joint memo reads as under:
“That, in the top noted petition as per the instructions of parties the petitioner and the respondents due to intervention of elders mutually agreed to settle the case, whereby the petitioner agrees to pay a sum of Rs.1,00,000/-(Rupees one lakh only) towards full and final settlement as against Rs.1,19,970/- which is orderd by the learned Magistrate in CC No.571/2011 dated 24/10/2017. The advocate for respondents also agrees to acknowledge the receipt of one lakh received from revision petitioner today in the open court towards full and final settlement of the case. Therefore, it is humbly prayed before this Hon'ble Court to accept this joint memo as agreed by both the parties in the interest of justice and equity. Therefore, this Hon'ble court may be pleased to accept the joint memo in terms of the compromise as mentioned above in the interest of justice.”
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NC: 2025:KHC-D:6214 CRL.RP No. 100057 of 2022
2. Placing the joint memo on record, petition stands disposed of.
3. Since, the entire agreed amount of compensation is paid, fine amount of Rs.5,000/- towards defraying expenses of the State ordered by the trial Magistrate and confirmed by the First Appellate Court is hereby set aside.
4. Amount in deposit if any, is ordered to be withdrawn by the complainant under due identification.
Sd/- (V.SRISHANANDA) JUDGE
HMB CT:PA LIST NO.: 2 SL NO.: 1