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2025 DAILYLAW 67390 (KAR)

MR RAJESH R SHENOY v. SRI BHUVANENDRA SWAMIJI VIVIDODHESHA SOWHAARDHA SAHAKARI (N)

CRL.RP/735/2025 · 2025-07-25

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28492 CRL.RP No. 735 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION NO. 735 OF 2025 BETWEEN: MR. RAJESH R SHENOY AGED ABOUT 38 YEARS, S/O LATE RAMAKRISHNA SHENOY, R/AT 7-2, MANJIHITTILU, DHARMASTHALA VILLAGE & POST, BELTHANGADY TALUK, D. K. - 574 214. …PETITIONER (BY SRI. SUKESH POOJARY.,ADVOCATE) AND: SRI BHUVANENDRA SWAMIJI VIVIDODHESHA SOWHAARDHA SAHAKARI (N) LAILA BRANCH, BELTHANGADY TALUK, REP. BY ITS BRANCH MANAGER, MR. PRAKASH KANNAJE, S/O LATE K. NAGESH SHENOY, AGED ABOUT 50 YEARS, R/AT LAILA JUNCTION, MAIN ROAD, LAILA VILLAGE POST, BELTHANGADY TALUK, D. K. - 574 214 …RESPONDENT (BY SRI. MOHAMMED MOINULLA FOR SRI RAKSHITH KUMAR, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28492 CRL.RP No. 735 of 2025 THIS CRL.RP FILED UNDER SECTION 397 READ WITH SECTION 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DTD 12.10.2023 PASSED BY THE PRL.SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, D.K. DISTRICT IN CC.NO.368/2021 AND THE JUDGEMENT DTD 23.11.2024 PASSED BY THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE IN CRL.A.NO.270/2023. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The petitioner and his counsel are present. 2. The representative of the respondent and learned counsel for the respondent are present. 3. Memorandum of settlement is filed under Section 147 of the Negotiable Instruments Act, 1881 and it is signed by the petitioner, respondent and their respective counsels. The respondent is represented by its Manages –Sri Prakash Kannaje. As per said memorandum of settlement, the matter is settled for Rs.1,89,150/- (rupees One Lakh Eighty Nine Thousand One Hundred Fifty only). The said amount of Rs.1,89,150/-/- (rupees One - 3 - HC-KAR NC: 2025:KHC:28492 CRL.RP No. 735 of 2025 Lakh Eighty Nine Thousand One Hundred Fifty only) is deposited by the petitioner before the trial Court. The petitioner has no objection for the respondent to withdraw the amount in deposit, deposited by him before the trial Court. 4. In view of settlement, the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 is compounded. In view of compounding of the offence, this Criminal Revision Petition is disposed of as the offence is compounded. 5. The respondent is permitted to withdraw the amount in deposit, deposited by the petitioner before the Trial Court. 6. The respondent shall furnish his bank account details to the trial so as to enable to transfer the amount in deposit, deposited by the petitioner to his account directly. - 4 - HC-KAR NC: 2025:KHC:28492 CRL.RP No. 735 of 2025 7. In view of the settlement, IA No.1/2025 does not survive for consideration and it is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 24