Laxmana vs D. Subramani

Type Court Judgment Court Karnataka Decided Dec 20, 2024

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https://sooperkanoon.com/case/1863622

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Citation: sooperkanoon.com/1863622
Court: Karnataka High Court
Judge: V Srishananda
Decided On: Dec 20, 2024
Case Number: CRL.RP/294/2019

Parties & Advocates

Appellant / Petitioner

Laxmana

Respondent

D. Subramani

Excerpt

.....aged about 45 years -2- …respondents (by sri. m. rudraiah.,advocate) this crl.rp is filed u/s.397 r/w 401 cr.p.c praying to set aside the judgment and order dated 29.11.2018 passed by the iii additional district and sessions judge, shivamogga in crl.a.no.55/2018 and thejudgment and order of conviction and sentencedated 04.07.2018 passed by the iii additional civil judge and jmfc, shivamogga in c.c.no.3318/2009 (convicted for the offence p/u/s 138 of n.i act) and acquit the petitioner of charges leveled against him. this petition, coming on for reporting settlement this day, order was made therein as under: coram: hon'ble mr justice v srishanandaoral ordermemo is filed. joint memo reads as under: ''the petitioner above named humbly prays this hon'ble high court to permit him to deposit a sum of rs.5,00,000/- (rupees five lakhs only) towards full and final settlement in the above case within three months from today.''sri. m rudraiah, learned counsel for the respondent has endorsed no objection. placing the joint memo on record, revision petition stands disposed of. -3- however, it is made clear that if the amount is not paid as agreed in the memo, order of the learned trial magistrate confirmed by the first appellate court stands restored automatically. amount in deposit is ordered to be withdrawn by the legal representatives of the original complainant under due identification. after the payment of compensation amount as agreed in the memo, fine amount in a sum of rs.5,000/- towards defraying expenses of the state stands set aside. sd/- (v srishananda) judge rl list no.: 1 sl no.: 44

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 294 OF 2019 BETWEEN: LAXMANA S/O LATE DURGA BHOVI, AGED ABOUT 71 YEARS, R/O LAKSHMI VENKATESHWARA NILAYA, 6TH MAIN ROAD, 6TH CROSS, HOSAMANE EXTENTION, …PETITIONER (BY SRI. UMESH, ADVOCATE FOR SRI. RAVINDRA B DESHPANDE.,ADVOCATE)

AND: D. SUBRAMANI SINCE DEAD BY LRS Digitally signed by 1. DORESWAMY S/O LATE D. SUBRAMANI SUMA B N OCC: BUSINESS (JALLY CRUSHING) Location: High Court of AGED ABOUT 55 YEARS Karnataka

2. PRABHU S/O LATE D. SUBRAMANI OCC: AGRICULTURIST AGED ABOUT 45 YEARS -2- …RESPONDENTS (BY SRI. M. RUDRAIAH.,ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 29.11.2018 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA IN CRL.A.NO.55/2018 AND THE

JUDGMENT AND ORDER OF CONVICTION AND SENTENCE

DATED 04.07.2018 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA IN C.C.NO.3318/2009 (CONVICTED FOR THE OFFENCE P/U/S 138 OF N.I ACT) AND ACQUIT THE PETITIONER OF CHARGES LEVELED AGAINST HIM. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA

ORAL ORDER

Memo is filed. Joint memo reads as under: ''The petitioner above named humbly prays this Hon'ble High Court to permit him to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) towards full and final settlement in the above case within three months from today.''

Sri. M Rudraiah, learned counsel for the respondent has endorsed no objection. Placing the joint memo on record, revision petition stands disposed of. -3- However, it is made clear that if the amount is not paid as agreed in the memo, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. Amount in deposit is ordered to be withdrawn by the legal representatives of the original complainant under due identification. After the payment of compensation amount as agreed in the memo, fine amount in a sum of Rs.5,000/- towards defraying expenses of the State stands set aside. Sd/- (V SRISHANANDA) JUDGE RL List No.: 1 Sl No.: 44

Same Court & Year Karnataka · 2024 Same Parties Laxmana vs D. Subramani Same Judge V Srishananda