Disposed

H D Nagesh Hegade v. D S Sanjay Kumar

Karnataka HC7 Nov 2024CRL.RP/392/2022

Case brief

AI extract

What is this about?

Revision petition against conviction in a cheque dishonour case disposed of on a memo of undertaking for payment; fine of Rs.5,000 towards State expenses set aside if amount paid, otherwise trial court order restored. Deposit permitted to be withdrawn by complainant.

What did the court decide?

Petition disposed on memo of undertaking; Rs.5,000 fine towards State expenses set aside upon payment; deposit withdrawable by complainant.

H D Nagesh Hegade Vs D S Sanjay Kumar — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:44981 CRL.RP No. 392 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 392 OF 2022

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BETWEEN:

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H D NAGESH HEGADE S/O DODDAIAH HEGADE AGED ABOUT 51 YEARS, RESIDING AT OPP KRISHNA RICE MIL, N R PURA ROAD BOLEHONNUR VILLAGE, CHIKKAMAGALURU TALUK AND DISTRICT - 577 101

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…PETITIONER

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(BY SRI. GIRISH B BALADARE, ADVOCATE)

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AND:

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D S SANJAY KUMAR S/O D V SRINIVAS AGED ABOUT 40 YEARS, R/O NO.1872, 1^ST CROSS, 13^TH MAIN, VIJAY NAGAR 2^ND STAGE MYSORE CITY - 570 001

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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…RESPONDENT (BY SRI. NITISH K.N., ADVOCATE FOR SRI. K V NARASIMHAN, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 11.01.2022 PASSED BY THE LEARNED II ADDITIONAL SESSIONS JUDGE, MYSURU IN CRL.A.NO.142/2021 AND THE JUDGMENT DATED 02.08.2021 PASSED BY THE IX ADDITIONAL CIVIL JUDGE AND J.M.F.C.,

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NC: 2024:KHC:44981 CRL.RP No. 392 of 2022

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MYSURU IN C.C.NO.2243/2016 AND THE PETITIONER TO BE ACQUITTED FOR THE OFFENCE ALLEGED AGAINST HIM.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL ORDER

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Memo of undertaking is filed.

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Learned counsel for the respondent has no objection.

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Placing the memo on record, revision petition stands disposed of.

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It is made clear that if the amount as agreed in the memo is not paid, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically.

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If the entire amount as agreed in the memo is paid, fine amount imposed by the learned Trial Magistrate confirmed by the learned Judge in the First Appellate Court to the extent of Rs.5,000/- towards defraying expenses of the State is hereby set aside.

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NC: 2024:KHC:44981 CRL.RP No. 392 of 2022

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Amount in deposit is ordered to be withdrawn by the

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complainant under due identification.

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Sd/(V SRISHANANDA) JUDGE

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YKL

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List No.: 1 Sl No.: 106

H D Nagesh Hegade v. D S Sanjay Kumar

Case brief

What is this about?

What did the court decide?

H D Nagesh Hegade v. D S Sanjay Kumar

Case brief

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