Kayengee Enterprises vs Sri Manjunath Enterprises

Type Court Judgment Court Karnataka Decided Nov 08, 2024

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https://sooperkanoon.com/case/1919194

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Citation: sooperkanoon.com/1919194
Court: Karnataka High Court
Judge: V Srishananda
Decided On: Nov 08, 2024
Case Number: CRL.RP/513/2015

Parties & Advocates

Appellant / Petitioner

Kayengee Enterprises

Respondent

Sri Manjunath Enterprises

Excerpt

.....state and also set aside the judgment dated 22.4.2015 passed by the lvii addl. city civil and s.j., mayo hall unit, cch-58, bangalore in crl.a.no.25097/2013 confirming theorder of trial court.this petition, coming on for hearing, this day,order was made therein as under:coram: hon'ble mr justice v srishanandaoral orderafter arguing the matter for some time, learned counsel for the revision petitioner has filed a memo. counsel for the respondent has no objection to dispose of the revision petition placing the memo on record. memo reads as under: "that in the above case the petitioner agreed to pay rs.5,25,000/- towards full and final settlement of the matter and agreed to pay in the month end of january 2025 in the interest of justice." -3-2. accordingly, placing memo on record, the followingorder is passed:order(i) the revision petition stands disposed of.(ii) however, it is made clear that if the amount as agreed in the memo is not paid by the revision petitioner, order of the trial magistrate confirmed by the first appellate court restores automatically.(iii) amount in deposit is ordered to be withdrawn by the complainant on due identification.(iv) after the payment of the entire amount as agreed inthe memo, fine amount of rs.5,000/- imposed by the learned trial magistrate confirmed by the first appellate court stands set-aside. sd/- (v srishananda) judge snc list no.: 2 sl no.: 69 ct: snn

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 513 OF 2015 BETWEEN: KAYENGEE ENTERPRISES, REPRESENTED BY ITS PROPRIETOR, SRI. K. NAGARAJ, S/O KLLAPPA @ KEMPACHOWDAIAH, AGED ABOUT 53 YEARS, R/AT NO.4, MUNIGOWDA ROAD, KAMMANAHALLI MAIN ROAD, RAMASWAMYPALYA, M.S. NAGAR POST, BANGALORE - 560 033. ...PETITIONER (BY SRI. VASANTHAPPA, ADVOCATE) AND: Digitally signed by
MALATESH       SRI. MANJUNATH ENTERPRISES,
KC             REPRESENTED BY ITS PROPRIETOR,
Location:      SRI. N. NAGARAJ, S/O NANJAPPA,
HIGH COURT OF AGED ABOUT 42 YEARS, KARNATAKA R/AT NO.736/2, ANGADI GOVINDAPPA, NEAR GANESHA TEMPLE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 062. ...RESPONDENT (BY SRI. M.B. CHANDRACHOOD, ADVOCATE) -2- THIS CRL.RP IS FILED U/S.397 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 23.7.2013 PASSED BY
THE XIV A.C.M.M, BANGALORE CITY IN C.C.NO.26676/2011 BY CONVICTING THE PETR. FOR THE OFFENCE U/S 138 OF N.I. ACT AND SENTENCED TO UNDERGO 6 MONTHS SI AND TO PAY COMPENSATION OF RS.4,90,000/- IN DEFAULT HE SHALL UNDERGO S.I. FOR A PERIOD OF 45 DAYS AND FURTHER DIRECTED OUT OF RS.5,90,000.00 A SUM OF RS.5,000 IS ORDERED TO REMITTED AS A FINE TO THE STATE AND ALSO SET ASIDE THE JUDGMENT DATED 22.4.2015 PASSED BY THE LVII ADDL. CITY CIVIL AND S.J., MAYO HALL UNIT, CCH-58, BANGALORE IN CRL.A.NO.25097/2013 CONFIRMING THE

ORDER OF TRIAL COURT.

THIS PETITION, COMING ON FOR HEARING, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE V SRISHANANDA

ORAL ORDER

After arguing the matter for some time, learned counsel for the revision petitioner has filed a memo. Counsel for the respondent has no objection to dispose of the revision petition placing the memo on record. Memo reads as under: "That in the above case the petitioner agreed to pay Rs.5,25,000/- towards full and final settlement of the matter and agreed to pay in the month end of January 2025 in the interest of justice." -3-

2. Accordingly, placing memo on record, the following

Order is passed:

ORDER

(i) The revision petition stands disposed of.

(ii) However, it is made clear that if the amount as agreed in the memo is not paid by the revision petitioner, order of the Trial Magistrate confirmed by the First Appellate Court restores automatically.

(iii) Amount in deposit is ordered to be withdrawn by the complainant on due identification.

(iv) After the payment of the entire amount as agreed in

the memo, fine amount of Rs.5,000/- imposed by the learned Trial Magistrate confirmed by the First Appellate Court stands set-aside. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 69 CT: SNN

Same Court & Year Karnataka · 2024 Same Parties Kayengee Enterprises vs Sri Manjunath Enterprises Same Judge V Srishananda