The High Court allowed the criminal revision petition after reviewing a joint memo wherein the petitioner and respondent settled the dispute. The court ordered the petitioner to deposit a specific fine amount with the trial court, leading to the acquittal of the petitioner.
Petitioner acquitted. Revision petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL REVISION PETITION NO.548/2021
BETWEEN:
SRI VASU PROP: M/S SREENIVASA SERVICE STATION NO.59/2, BANASWADI MAIN ROAD JAI BHARATH NAGAR BENGALURU-560038 ...PETITIONER
(BY SRI C.PATTABI RAMAN, ADVOCATE)
AND:
M/S. SATHYA PREMA AND CO., A PARTNERSHIP FIRM REP: BY ITS PARTNER SRI M.P.GIRISH NO.826, I FLOOR NAGARATHPET BENGALURU-560002. ...RESPONDENT
(BY SRI VENKATESH B.C., ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 02.01.2021 PASSED BY THE HON’BLE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.A.NO.1490/2017 AND FURTHER BE PLEASED TO ACQUIT THE PETITIONER BY SETTING ASIDE THE TRAIL COURT JUDGMENT AND ORDER DATED 16.09.2017 PASSED IN C.C.NO.12086/2015 ON THE FILE OF THE HON’BLE XXVII ADDL.C.M.M. COURT AT BENGALURU UNDER SECTION 138 OF THE N.I ACT.
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THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Both the counsel are present and the petitioner is present in person.
seen that, out of an amount of Rs.3,50,000/-, an amount of Rs.3,40,000/- is ordered to be paid to the respondent and the remaining amount of Rs.10,000/- shall go to the State.
that he will give instructions to his client to refund an amount of Rs.10,000/- in favour of the petitioner through online transfer. Hence, the petitioner to deposit the fine amount of Rs.10,000/before the Trial Court within two weeks. If the fine amount of
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Rs.10,000/- is not deposited and the receipt for having deposited the fine amount is not placed before this Court, list this matter immediately after Summer Vacation, 2022.
Consequently, the revision petition is disposed of.
Sd/JUDGE
ST
2 issues framed by the court
Whether the Criminal Revision Petition should be allowed in light of the settlement between the parties?
Whether the petitioner should be acquitted of the offence under Section 138 of the Negotiable Instruments Act given the settlement?
3 provisions across 2 enactments
Sri Vasu Prop: M/S Sreenivasa Service Station
M/S. Sathya Prema and Co.
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
