Chanda Shekar C Vs R Agilan

CHANDA SHEKAR C S/O SHRI. C VENKATAIAH, AGED ABOUT 44 YEARS, R/AT NO. GH-51, 2ND CROSS NEAR TOTAL MALL, SRI. RAMANAGIRI MURUGESHPALYA, VIMANAPURA, BENGALURU - 560 017.

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…PETITIONER

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(BY SRI. YOGANAND P, ADVOCATE)

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AND:

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R. AGILAN

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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S/O SHRI G.M. RAMAKRISHNAN AGED ABOUT 49 YEARS R/AT NO. 303, 1ST CROSS 5TH MAIN, JAGADISHNAGAR NEAR BEM HOSPITAL BENGALURU - 560 075.

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…RESPONDENT

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(BY SRI. SAMARTH PRAKASH, ADVOCATE)

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THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNNS) PRAYING TO VERIFY THE RECORDS REGARDING THE LEGALITY, PROPRIETY AND CORRECTNESS OF

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NC: 2025:KHC:40251 CRL.RP No. 1357 of 2024

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HC-KAR

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THE PROCEEDINGS AND JUDGMENT AND FINAL ORDER AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL ORDER

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This Revision Petition is filed seeking following reliefs -

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(i) call for the records of the cases in C C. No.56657/2018 from the file of the Hon'ble XXXIII Additional Chief Metropolitan Magistrate, at Mayo Hall Unit, Bengaluru, and in Crl. Appeal No. 25093/2022 from the file of the Hon'ble LXXIV Addl. City Civil and Sessions Judge, at Mayo Hall Unit, Bengaluru;

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(ii) to verify the records regarding the legality, propriety and correctness of the proceedings and Judgment and final order;

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(iii) set aside the Judgment being passed in Criminal Appeal No.25093/2022 passed on the file of Hon'ble LXXIV Addl. City Civil and Sessions Judge, at Mayo Hall Unit, Bengaluru, (CCH-75), dated C.C. 1209-2024 and the Judgment being passed in C.C.No.56657/2018 dated 08-04-2022 on the file of Hon'ble XXXIII A.C.M.M., at Mayo Hall Unit, Bengaluru, to meet the ends of justice.

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(iv) to remand back the matter to the XXXIII Additional Chief Metropolitan Magistrate, at Mayo Hall Unit, Bengaluru, under a direction for providing an opportunity to petitioner to produce documentary evidence and cross examine respondent fully and to lead accused evidence so as to conclude the matter on merits.

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NC: 2025:KHC:40251 CRL.RP No. 1357 of 2024

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HC-KAR

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Sri P.Yoganand, learned counsel for petitioner submits, during pendency of Revision Petition, petitioner has deposited entire fine amount before Trial Court. An application is filed by respondent for release of said amount.

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Learned counsel for petitioner, on instructions, submitted that application may be allowed, respondent may be permitted to withdraw fine amount, as there is settlement between parties with regard to respondent's claim by confining it to fine amount already deposited and compounding of offences as settled, whereunder entire fine amount deposited by petitioner before Trial Court is agreed to be received by respondent as final settlement of his claims.

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Sri Samarth Prakash, learned counsel appearing for respondent through Video Conference would affirm submission.

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Recording submission of learned counsel, Revision Petition is allowed, order of conviction and sentence is set aside, in view of settlement between parties. In terms of settlement, Trial Court is directed to release amount in deposit in favour of respondent.

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