1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JANUARY, 2023
BEFORE
THE HON’BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION No.200003/2022
BETWEEN:
SMT. SHAMSHADA BEGUM
W/O LATE SYED MUKTHAR HUSSAIN,
AGE: 49 YEARS,
OCC: ASSISTANT TEACHER,
GOVT. HIGH PRIMARY SCHOOL,
DONGARAMPUR VILLAGE,
TQ. AND DIST. RAICHUR-584101
… PETITIONER
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
N. CHANDRASHEKAR REDDY
S/O N. THIMMAREDDY
AGE: 52 YEARS, OCC: AGRICULTURE
R/O H.NO.12-8-782
GUNJ ROAD, OPP. NEW AMRUTHA
HOSPITAL, RAICHUR
TQ. AND DIST. RAICHUR-584101
… RESPONDENT
(BY SRI MAHANTESH PATIL, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W SECTION 401 OF CR.P.C., PRAYING TO SET
ASIDE THE JUDGMENT DATED 23.12.2021 PASSED BY II-
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT RAICHUR IN
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CRL.A.NO.13/2019, WHEREIN THE APPEAL FILED BY THE
PETITIONER WAS DISMISSED THEREBY CONFIRMING THE
JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED
03.04.2019
PASSED
BY
JMFC-IV
AT
RAICHUR
IN
C.C.NO.2671/2013 FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF N.I. ACT, AND CONSEQUENTLY BE PLEASED
TO ACQUIT THE PETITIONER.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
Both the parties are present. Learned counsel
appearing for both the parties are also present. They
have filed a joint memo which reads as under:
“The Petitioner and Respondent in
above case submit their memo as under:
That, Petitioner is ready to pay the
Rs.1,95,000/-
(One
Lakh
Ninety
Five
Thousand
only)
to
the
Respondent.
Petitioner already deposited 1,00,000/-
Rupees
before
the
Trial
Court
and
remaining 95,000/- Rupees will be paid
before
the
Trial
court
on
or
before
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28/2/2023. Hence, the Hon'ble Court be
pleased to set aside the Judgment dated
23.12.2021 passed by II Addl. District and
Sessions Judge at Raichur in Criminal
Appeal No.13/2019 and further be pleased
to set aside the judgment of convection
and order of sentence dated: 03.04.2019
passed by the JMFC-IV at Raichur in CC
No.2671/2013
and
consequently
be
pleased to acquit the petitioner, in the
interest justice and equity.
Hence this Joint memo,.”
Placing the joint memo on record, the Criminal
Revision Petition stands disposed of. On payment of
balance
sum
of
Rs.95,000/-,
the
revision
petitioner/accused
is
acquitted
of
the
offence
punishable under Section 138 of the Negotiable
Instruments Act, 1881.
The amount of Rs.1,00,000/- which is in deposit
and amount of Rs.95,000/- to be deposited before the
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Trial Court is ordered to be withdrawn by the
respondent/complainant under due identification.
Sd/-
JUDGE
NB*
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