IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRL.R.P.NO.720/2019 BETWEEN:
R.DARSHAN, S/O REVANNA, AGED ABOUT 34 YEARS, R/AT LINGAYATHARA BEEDHI, KUNHURU VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571443.
(BY SRI. MANJUNATH B.R., ADVOCATE) AND:
M.MAHESHA, S/O MAHADEVA M, 31 YEARS, R/AT TAGARAPURA VILLAGE, CHILAKAVADI POST, KOLLEGALA TALUK, CHAMARAJANAGARA-571443.
(BY SRI.VENKATESH B.C., ADOVCATE) …PETITIONER ….RESPONDENT THIS CRL.R.P. IS FILED U/S.397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLLEGAL, DATED 29/12/2017 IN C.C.NO.5007/2015 VIDE ANNEXURE-B AND CONSEQUENTLY SET ASIDE THE ORDER OF CONVICTION PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, KOLLEGALA IN C.C.NO.835/2013 DATED 18/11/2015 VIDE ANNEXURE-A BY ALLOWING THE PRESENT CRIMINAL REVISION PETITION ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
ORDER Learned counsel for the revision petitioner as well as learned counsel for respondent respondent/complainant are present before the Court. They have filed a joint memo signed by both the counsel appearing for the parties. The said memo is also signed by the respondent/complainant.
2. In the joint memo, it is stated that the petitioner/accused has cleared the entire cheque amount and the respondent/complainant has agreed to receive the remaining balance of Rs.50,000/- which has already been deposited before the Additional District and Sessions Judge, Kollegala in Criminal Appeal No.5007/2015. It is also stated that the accused is in judicial custody and if the said amount is ordered to be released in favour of respondent/complainant, he has no objection to allow the petition and acquit the petitioner/accused.
3. The said memo is taken on record.
4. In view of the joint memo, the Criminal Revision Petition is allowed.
The judgment of conviction and order of sentence passed by the Principal Civil Judge and J.M.F.C., Kollegal, dated 18/11/2015 in C.C.No.835/2013 and consequently confirmed in Crl.A.No.5007/2015 by the Addl. District and Sessions Judge, Chamarajanagara (Sitting at Kollegala), dated 29/12/2017 are set aside.
Petitioner/accused is acquitted of the charges levelled against him. Petitioner/accused may be released forthwith, if he is not required in any other case.
The learned Additional District and Sessions Judge, Chamarajanagara (Sitting at Kollegala), is hereby directed to release a sum of Rs.50,000/- deposited by the petitioner/accused in favour of the respondent/complainant on proper identification and acknowledgement.
Sd/- JUDGE Msu