IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF JULY 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL REVISION PETITION NO.407/2017 BETWEEN:
SRI GOVINDAPRASAD S/O G.C.GANGAIAH AGED ABOUT 33 YEARS, R/O “NISARGA” 2ND CROSS SAPTHAGIRI EXTENSION T.P.KAILASAM ROAD TUMKURU. ... PETITIONER (BY SRI YOGISH G.C., ADVOCATE) AND:
N.BASAVARAJU S/O N.NARASAPPA AGED ABOUT 32 YEARS R/O LAKSHMI NARASIMHASWAMY KRUPA 11TH CROSS, ASHOKANAGAR TUMAKURU. ... RESPONDENT (BY SRI PATEL D. KAREGOWDA, ADV.) THIS CRL.R.P. IS FILED U/S.397 R/W 401 CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF SENTENCE DATED 14.09.2016 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN CRL.A. NO.02/2015 CONFIRMING THE JUDGMENT AND ORDER OF SENTENCE DATED 02.01.2015 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C.-1, TUMAKURU IN C.C.NO.347/2011 FOR THE OFFENCE P/U/S 138 OF N.I.ACT AND ACQUIT THE PETITIONER.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Both counsel present and have filed a joint memo which reads thus:
“ The petitioner and the respondent submits that the petitioner has agreed and paid a sum of Rs.1,20,000/- (One lakh twenty thousand only) to the respondent today by way of cash. The respondent has received the said amount. As the matter is settled between the parties, the above petition may be disposed as it is settled, in the interest of justice.”
Learned counsel for the respondent-complainant reports receipt of Rs.1,20,000/- from the petitioner- accused. The sentence imposed by the Trial Court is fine of Rs.1,20,000/- with default clause.
Since the entire fine amount is paid, the revision petition becomes infructuous and is dismissed.
The petitioner-accused, out of Rs.31,250/- deposited by him before the Trial Court, is at liberty to withdraw Rs.26,250/- and the remaining amount of Rs.5,000/- shall be credited to the Government towards the fine amount.
In view of the disposal of the main petition, I.A.2/17 does not survive for consideration and the same stands disposed of.
Dvr:
Sd/- JUDGE