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2026 DAILYLAW 838 (KAR)

G R MANJUNATH v. B O MALLIKARJUNA

CRL.RP/367/2022 · 2026-03-26

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17440 CRL.RP No. 367 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.367 OF 2022 (397(Cr.PC) / 438(BNSS) BETWEEN: G R MANJUNATH S/O G K RAMAIAH AGED ABOUT 44 YEARS BUSINESSMAN R/O PROPRIETOR OF ROYAL OPTICALS CHURCH ROAD RAM AND CO. CIRCLE DAVANAGERE -577 002 …PETITIONER (BY SMT.BABY YADAV.B FOR SRI M.R.HIREMATHAD, ADVOCATES) AND: B O MALLIKARJUNA S/O OBANNA EMPLOYEE IN CO -OPERATIVE SOCIETY AND LANDLORD AGED ABOUT 47 YEARS R/O MATHRU SHREE, 60 FEET ROAD VINOBHA NAGAR, 17TH WARD 8TH CROSS SHIMOGA DIST – 577 202 …RESPONDENT (BY SRI S.G.RAJENDRA REDDY, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED IN CRL.A.NO.227/2019 ON THE FILE OF THE PRINCIPAL Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17440 CRL.RP No. 367 of 2022 DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA DATED 05.01.2022 CONSEQUENTLY TO SET ASIDE THE JUDGMENT AND ORDER IN C.C.NO.2440/2018 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT SHIVAMOGGA DATED 03.10.2019. THIS PETITION, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Joint memo is filed signed by the petitioner and the counsel for the petitioner. On behalf of the respondent,0 Sri S.G. Rajendra Reddy, counsel for the respondent has signed on the joint memo. 2. Contents of the joint memo reads as under. “JOINT MEMO FOR REPORTING SETTLEMENT Advocate for Petitioner and Respondent respectfully submits that the dispute between both the parties has been settled as under: 1) The Petitioner has deposited Rs.3,61,000/- before the Trial Court. - 3 - HC-KAR NC: 2026:KHC:17440 CRL.RP No. 367 of 2022 2) On 23.03.2026 the Petitioner handed over cash of Rs.25,000/- to the Respondent’s Advocate. 3) Remaining amount of Rs.1,20,000/- is agreed to be settled in three equal instalments starting from 5th of May, 5th of June and 5th of July, 2026. 4) In case of default of payment the Respondent is at liberty to reopen the Crl.R.P.367/2022 at any point of time. Hence, in this regard Advocate for petitioner and Respondent kindly prays this Hon’ble Court to consider the Joint memo in the interest of justice and equity.” 3. Placing the joint memo on record, petition stands disposed of. 2. Amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification. 3. It is made clear that if the compensation amount as agreed in the joint memo is not paid, the petitioner shall undergo imprisonment as ordered by learned Trial Magistrate, confirmed by the First Appellate Court. - 4 - HC-KAR NC: 2026:KHC:17440 CRL.RP No. 367 of 2022 4. After payment of the entire compensation amount as agreed in the joint memo, sum of Rs.5,000/- imposed by the Trial Magistrate towards the defraying expenses of the State is set aside. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 54