Petitioner filed criminal revision for set-aside of earlier dismissal. Parties submitted joint memo confirming amicable settlement and partial payment. Court allowed petition, set-aside impugned orders, subject to default clause.
Impugned judgment and orders dated 03.01.2018 in Crl.A.14/2017 and 06.02.2017 in C.C.No.248/2012 set-aside.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
CRIMINAL REVISION PETITION NO.114 OF 2018
BETWEEN:
H. C. UMAPATHY, S/O. LATE CHAYAPPA, AGED ABOUT 51 YEARS, BUSINESS & AGRICULTURIST, R/O. HORAKERE, INFRON OF ANGANAWADE CENTRE, JAGALURU TOWN-577 528. ...PETITIONER
(BY SRI M R HIREMATHAD AND R SURESH, ADVOCATES)
AND:
K. JAYARAM, S/O. K. ASHWATHANARAYANA, AGED ABOUT 37 YEARS, BUSINESS, R/O. VIJAYENDRA JEWELLARIES, BANGALORE ROAD, CHITRADURGA TOWN-577501. …RESPONDENT
(BY SRI B.M.SIDDAPPA AND BASAVARAJ M PATIL - ADVOCATES)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED IN CRIMINAL APPEAL NO.14/2017 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT AND SESSIONS
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JUDGE, CHITRADURGA DATED 03.01.2018 BY DISMISSING THE JUDGMENT AND ORDER IN C.C.NO.248/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC CHALLAKERE DATED 06.02.2017.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING THROUGH PHYSICAL HEARING:
ORDER
Petitioner, respondent and their respective counsel are present before the Court. They have filed a joint memo stating that both parties have amicably settled their dispute. In pursuance of the said settlement, petitioner has paid Rs.2,00,000/- (Rupees Two Lakhs only) in cash in respect of the cheque amount to the respondent-complainant and the petitioner undertakes to pay the balance amount of Rs.2,00,000/- (Rupees Two Lakhs only) on or before 31.05.2021. The respondent has no objection to set-aside the impugned judgment and orders passed by the Courts below. In the event of default in payment of balance amount within stipulated period, the order of the Courts below automatically get revived and the respondent-complainant is at liberty to take action.
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ORDER
i. Petition is allowed.
ii. The judgment and order dated 03.01.2018 passed in Crl.A.14/2017 on the file of I Addl. District and Sessions Judge, Chitradurga, and the judgment and order dated 06.02.2017 passed in C.C.No.248/2012 on the file of Principal Civil Judge and JMFC, Challakere, are hereby set-aside.
Sd/JUDGE
BSR
H. C. UMAPATHY
K. JAYARAM
ASHOK G. NIJAGANNAVAR
As recorded by the court registry
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