IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.113 OF 2019 BETWEEN:
Pradeep Kumar T.P., S/o Puttaswamy, Aged about 42 years, Nandini Bakery, Opp. Tamil School, NMC Main Road, Bhadravathi, 577 245. …Petitioner (By Sri. Abhinay Y.T., Advocate) AND Gopala G., S/o. Govindegowda T., Residing at Door No.DWC188/B, Hutha Colony, Bhadravathi -577245. …Respondent (By Sri. Chidambara G.S., Advocate) This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C. praying to set aside the judgment dated 30.08.2018 passed in Crl.A.No.5019/2018 passed by the IV Additional District and Sessions Judge sitting at Bhadravathi and also the judgment dated 21.07.2016 passed by the Principal Civil Judge and JMFC at Bhadravathi in C.C.No.2637/2012.
This Criminal Revision Petition coming on for orders this day, the Court made the following:
ORDER Learned counsel for the petitioner/accused submits that an amount of Rs.56,250/- (Rupees Fifty Six Thousand Two Hundred and Fifty Only) has been deposited before the trial Court and admittedly accused has paid an amount of Rs.21,900/- (Rupees Twenty One Thousand Nine Hundred Only) towards the repayment of the amount of Rs.1,00,000/- (Rupees One Lakh Only) which the petitioner had borrowed from the respondent/complainant. Now the petitioner has drawn a DD bearing No.779457 for a sum of Rs.21,850/- (Rupees Twenty One Thousand Eight Hundred and Fifty Only) dated 22.10.2019 in the name of Registrar General, High Court of Karnataka to deposit the amount in this case and the same may be paid to the respondent. It is his further submission that before the Court below he has admitted that in addition to all the payment he is going to pay another sum of Rs.10,000/-.
2. The learned counsel for the respondent submits that in view of the payment made by the petitioner/accused as stated above, he has no objection to allow the revision petition and acquit the accused. He further submitted that respondent may be permitted to withdraw the amount.
3. The said submission has been placed on record. The revision petition is allowed and the judgment of conviction and order of sentence passed by the Principal Civil Judge and JMFC in C.C.No.2637/2012 dated 21.07.2016 subsequently modified by IV Additional District and Sessions Judge, Shivamogga sitting at Bhadravathi in Crl.A.No.5019/2018 dated 30.08.2018 are set aside and the accused is acquitted of the charges leveled against him.
4. Registry is directed to receive the above said DD from the petitioner/accused and by encashing the DD the amount may be sent back to the trail Court.
5. The trial Court is directed to disburse the said amount to the respondent/complainant on proper identification and acknowledgement and it must also receive an amount of Rs.10,000/-(Rupees Ten Thousand Only) from the petitioner/accused and the same may also be paid to the complainant on proper identification and acknowledgement.
In terms of the above said conditions, the revision petition is disposed of.
Sd/- JUDGE BVK