SRI SOMASHEKHAR T N v. PRASHANTH DEVARAYA
Case at a glance
Provisions considered
Key paragraphs
- Para 33. Accordingly, the revision petitioner has paid the entire amount of Rs.2,45,000/- towards the compensation. - 3 - NC: 2024:KHC:19864 CRL.RP No. 315 of 2021
- Para 55. Since the lis is privy to the parties and no State machinery is involved in conducting the case, amount of Rs.5,000/- as fine amount imposed by learned Magistrate confirmed by the first appellate Court towards defraying expenses of the State is hereby set aside.
Judgment
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 315 OF 2021 BETWEEN:
#1. SRI SOMASHEKHAR T N S/O LATE NARASIMHACHAR AGED ABOUT 36 YEARS, R/AT NO. C302, GOPALAN RESIDENCY, TELECOM LAYOUT, BHUVANESHWARINAGAR, BENGALURU - 560 023 ALSO AT HINDUSTAN AERONAUTICS LIMITED AEROSPACE DIVISION BENGALURU COMPLEX BENGALURU - 560 075 (BY SRI. N SURESHA.,ADVOCATE) AND:
#1. PRASHANTH DEVARAYA S/O DEVARAYA AGED ABOUT 37 YEARS, R/AT NO.281, CAUVERY NILAYA MARUTHI VINAYAKA TEMPLE ROAD HESARAGATTA CROSS ROAD T DASARAHALLI POST BENGALURU - 560 057 Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA …PETITIONER REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER MANJUNATH M S/O MUNIRAJU AGED ABOUT 26 YEARS, - 2 - NC: 2024:KHC:19864 CRL.RP No. 315 of 2021 R/AT NO.59, JANATHA COLONY, SHETTIHALLI, JALAHALLI WEST POST BENGALURU - 560 015. (BY SRI. R.V.ANAND, ADVOCATE) …RESPONDENT THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO IN SET ASIDE THE ORDER DATED 18.02.2021 CRL.A.NO.1681/2018, PASSED BY THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU AND JUDGMENT AND SENTENCE PASSED BY THE XX A.C.M.M., AT BENGALURU IN C.C.NO.2062/2017, DATED 01.08.2018, BY ALLOWING THIS CRL.RP. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard Sri N.Suresha, learned counsel for petitioner and Sri.R.V.Anand, learned counsel for respondent.
#2. Today, the learned counsel for petitioner has tendered a Demand Draft in the name of the respondent for a sum of Rs.1,20,000/-. Out of the total fine amount of Rs.2,54,000/-, Rs.1,25,000/- is already deposited before the first appellate Court.
#3. Accordingly, the revision petitioner has paid the entire amount of Rs.2,45,000/- towards the compensation. - 3 - NC: 2024:KHC:19864 CRL.RP No. 315 of 2021
#4. It is noticed that the learned Magistrate has imposed Rs.5,000/- as towards the defraying expenses of the State.
#5. Since the lis is privy to the parties and no State machinery is involved in conducting the case, amount of Rs.5,000/- as fine amount imposed by learned Magistrate confirmed by the first appellate Court towards defraying expenses of the State is hereby set aside.
#6. Since the entire fine amount of Rs.2,45,000/- is paid by the accused to the complainant, the order of the trial Magistrate and learned Judge in the first appellate Court is modified to the above extent.
#7. Amount in deposit is ordered to be returned to the complainant under due identification. Sd/- JUDGE HB List No.: 1 Sl No.: 36
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.