Sri Devdas Vs Sri Cheluvaraju

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 17.10.2018, PASSED BY THE COURT OF THE II ADDITIONAL I CIVIL JUDGE AND JMFC, AT MYSORE IN C.C.NO.3715/2014 AND THE JUDGMENT DATED 08.03.2019 PASSED BY THE COURT OF THE III ADDITIONAL SESSIONS JUDGE AT MYSORE, IN CRL.A.NO.244/2018.

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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 RAVI V HOSMANI

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2 - NC: 2025:KHC:54334 CRL.RP No. 565 of 2019

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HC-KAR

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ORAL ORDER

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Challenging judgment dated 08.03.2019 passed by III Addl. District & Sessions Judge, Mysuru, in Crl.A.no.244/2018 confirming judgment of conviction and order of sentence dated 17.10.2018 passed by II Addl. I Civil Judge & JMFC, Mysuru, in C.C.no.3715/2014, this revision petition is filed.

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Learned counsel for parties jointly submitted that during pendency of revision petition, parties have settled matter for Rs.4,00,000/- in final and full settlement of respondent's claim under cheque in question. It is further stated that accused has deposited sum of Rs.1,00,000/- before trial Court, which accused agrees to be released in favour of respondent/complaint and balance of Rs.3,00,000/- agreed to be paid by way of demand draft bearing no.70165 dated 17.12.2025 drawn on Canara Bank, Vijayanagar II Stage Branch, Mysuru, is handed over to respondent-complainant. A joint memo to that effect is filed today. Terms of which reads as under:

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" JOINT MEMO

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The Petitioner and the Respondent in the above case beg to submit as follows;

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3 - NC: 2025:KHC:54334 CRL.RP No. 565 of 2019

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HC-KAR

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1. The Petitioner has filed the above case to set aside the judgment dated 17.10.2018, passed by the Court of the II Addl. Civil Judge & J.M.F.C, at Mysore in C.C.No.3715/2014 and the judgment dated 08.03.2019, passed by the court of the III Addl. Sessions Judge at Mysore in Crl.A.No.244/2018.

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2. During the pendency of the above petition, the Petitioner and the Respondent have settled the dispute on the following terms;

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a) The Petitioner has agreed to pay a sum of Rs.3,00,000/- to the Respondent and, the Respondent has agreed to receive the same. Today the petitioner has handed over the D.D. bearing No.701625, dated 17.12.2025, drawn on Canara Bank, Vijayanagara II Stage Branch, Mysore, for a sum of Rs.3,00,000/-, the receipt of which is acknowledged by the respondent.

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b) The Respondent has agreed to withdraw the amount deposited before the Trial Court, i.e., Rs.1,00,000/and the Petitioner has no objections for the same.

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3. The Petitioner and the Respondent have arrived at this settlement on their free will and volition.

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WHEREFORE, the Petitioner and the Respondent prays that his Hon'ble Court be pleased to set aside the judgement dated 17.10.2018, passed by the Court of the II Addl. Civil Judge & J.M.F.C, at Mysore in C.C.No.3715/2014 and the judgement dated 08.03.2019, passed by the court of the III Addl. Sessions Judge at Mysore in Crl.A.No.244/2018, in the interest of justice and equity."

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Perused terms of joint memo. Same is taken on

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record.

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Complainant-respondent is present and identified by his counsel. Counsel for petitioner submitted that he has

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4 - NC: 2025:KHC:54334 CRL.RP No. 565 of 2019

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HC-KAR

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instructions to affirm terms of settlement and petitioner has signed joint memo in his presence. On interaction, respondent has stated that terms of joint memo were explained to him and after understanding same, affirmed it out of his free will and volition, without there being any threat, coercion or undue influence from anybody. Settlement is duly signed by both parties, whose signatures are identified by their respective counsel.

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In view of terms of joint memo, this Criminal Revision Petition is disposed of; judgments dated 08.03.2019 passed by III Addl. District & Sessions Judge, Mysuru, in Crl.A.no.244/2018 confirming judgment of conviction and order of sentence dated 17.10.2018 passed by II Addl. I Civil Judge & JMFC, Mysuru, in C.C.no.3715/2014 are set aside.

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Trial Court is directed to release amount in deposit in favour of complainant on proper identification.

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Sd/(RAVI V HOSMANI) JUDGE

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Psg*

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List No.: 1 Sl No.: 52

Sri Devdas v. Sri Cheluvaraju

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Sri Devdas v. Sri Cheluvaraju

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