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2023 Supreme(Online)(KAR) 13592

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

2

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

3

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

4

Trial Court is ordered to be withdrawn by the

respondent/complainant under due identification.

Sd/-

JUDGE

NB*

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