IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE K. SOMASHEKAR CRIMINAL REVISION PETITION NO.1021 OF 2016 BETWEEN:
SRI. H. ESHWAR RAO, SON OF HANUMANTHA RAO, AGED ABOUT 31 YEARS, RESIDING AT KALASIPALYAM, BEHIND PRAGATHI SCHOOL, RAMANAGARAM, RAMANAGARAM DISTRICT-571 511.
... PETITIONER (BY SRI. C. RAJA KUMAR, ADVOCATE) AND:
SRI. PRASANNA KUMAR, SON OF R. RAMACHANDRA, AGED ABOUT 32 YEARS, RESIDING AT ANJANEYA, TEMPLE STREET, HANUR TOWN, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT-571 313.
…RESPONDENT (BY SRI K A CHANDRASHEKAR – ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 21.07.2016 PASSED BY THE ADDITIONALL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA, SITTING AT KOLLEGALA IN CRL.A. NO.5007/2016 AND PERMIT THE PETITOINER TO DEPOSIT THE FINE AMOUNT AS DIRECTED BY THE APPELLATE COURT WITHIN A PERIOD OF 4 WEEKS.
THIS CRIMINAL REVISION PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER The learned counsel for the petitioner is present and filed a memo wherein he has stated that the petitioner said to be the accused, has preferred an appeal in Crl.A. No.5007/2016 by challenging the judgment and order of conviction and sentence rendered by the trial court in C.C. No.113/2012 dated 10.06.2016, whereby convicting the accused for the offence punishable under Section 138 of N.I. Act.
2. The impugned judgment and order of conviction and sentence has been stayed with the condition that the petitioner-accused shall deposit 25% of the fine amount within seven days, but the accused did not complied the stipulated condition. Thereafter, the accused has filed an application for seeking extension of time to deposit the fine amount as stipulated in the condition. The said application also came to be rejected. The rejection of the application has been challenged under this petition.
3. I.A. No.1/2016 is filed by the petitioner wherein the said application came to be allowed subject to condition that the petitioner shall deposit 25% of the fine amount as ordered by the lower appellate court while granting suspension of sentence and also the petitioner shall execute a bond in a sum of Rs.1 Lakh with one surety for the like sum to the satisfaction of the trial court, so also such other conditions have been imposed.
4. In the meanwhile, the learned counsel for the petitioner herein submitted that the matter between the complainant Prasanna Kumar and the accused H. Eshwar Rao has been arrived at settlement and compromised before the Appellate Court. The memo is placed on record.
5. Keeping in view of the memo, so also the submission made by the learned counsel for the petitioner that this petition has been filed by the petitioner who is arrayed as an accused in the order passed by the court does not survive for consideration. Accordingly, the petition stands rejected.
The petition is disposed of.
SNC Sd/- JUDGE