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2025 DAILYLAW 52945 (KAR)

SRI. B RAGHAVENDRA SHET v. RADHA P HEGDE W/O P S HEGDE

CRL.RP/100258/2024 · 2025-05-02

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:7124 CRL.RP No. 100258 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100258 OF 2024 (397(Cr.PC)/438 BETWEEN: SRI. B RAGHAVENDRA SHET S/O. PANDURANGA SHET, AGE: 42 YEARS, D.NO.1463, F’ BLOCK, RAMAKRISHNANAGAR, MYSURU-570022. …PETITIONER (BY SRI VIJAYKUMAR K. KOTIN, ADVOCATE FOR SRI RAMACHANDRA V. BHAT AND SRI V. MANJUNATH PRASAD, ADVOCATES) AND: RADHA P HEGDE W/O P.S. HEGDE AGE: 65 YEARS, R/AT. SHRIMATA, MARIKAMBA NAGAR, SIRSI-581401. …RESPONDENT (BY SRI M.S.BAGAWAT, SENIOR COUNSEL FOR SRI SURESH S BHAT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE CONVICTION JUDGMENT IN CC NO.504/2017 DATED 14.11.2022 ON THE FILE OF ADDITIONAL CIVIL JUDGE, II ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, AT SIRSI, AND THE SAME HAS BEEN CONFIRMED BY THE 1ST ADDL.DISTRICT AND SESSIONS COURT, KARWAR (SITTING AT SIRSI) AT SIRSI, UTTARA KANNADA, IN CRL.APPEAL NO.5103/2022 DATED 06.04.2024 FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, AND ALLOW THIS REVISION WITH COSTS THROUGHOUT. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7124 CRL.RP No. 100258 of 2024 THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Revision petitioner and learned counsel for revision petitioner are present. They filed a memo. Same is acknowledged by learned counsel for the respondent and has no objection to accept the memo and to dispose of the revision petition. Memo reads as under: “The petitioner humbly submits that, The Petitioner is ready to deposit Rs.10,00,000/- (Ten Lakhs Only) on 30.06.2025 before the trial court. The entire balance amount shall be deposited on 31.07.2025 before the trial court and request the Honble court to direct the respondent to execute the sale deed of 2 sites in favour of Petitioner. Hence this memo.” Placing the memo on record, revision petition stands disposed of. If the agreed amount of compensation if not paid by the revision petitioner, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. - 3 - NC: 2025:KHC-D:7124 CRL.RP No. 100258 of 2024 Amount in deposit is ordered to be withdrawn by the complainant under due identification. After payment of entire compensation amount of Rs.32,95,000/- less sum of Rs.10,80,000/-, fine amount of Rs.5,000/- imposed by the learned Trial Magistrate confirmed by the First Appellate Court stands set aside. After payment of entire compensation amount, respondent/complainant shall re-convey the sites in favour of the revision petitioner at the cost of the revision petitioner subject to revision petitioner withdrawing the private complaint filed by him against the respondent/complainant. Sd/- (V.SRISHANANDA) JUDGE KAV CT:GSM List No.: 2 Sl No.: 24