Supreme Court - Daily Orders
Lale Patel vs Sharanbasappa S/O Shivalingappa ... on 10 November, 2014
Bench: Fakkir Mohamed Ibrahim Kalifulla, Abhay Manohar Sapre
SLP(CRL) NO... CRLMP 14732 OF 2014
ITEM NO.54 COURT NO.8 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.)......../2014
CRLMP No(s). No.14732/2014
(Arising out of impugned final judgment and order dated 02/07/2012
in CRP No. 2534/2010 passed by the High Court Of Karnataka At
Gulbarga)
LALE PATEL Petitioner(s)
VERSUS
SHARANBASAPPA S/O SHIVALINGAPPA CHITTOLI Respondent(s)
CRLMP. 14732/2014(with condonation of delay in filing SLP
Date : 10/11/2014 This Petitionh was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Petitioner(s) Mr. Sharanagouda Patil, Adv.
Mr. Shashibhushan P. Adgaonkar, A.O.R.
For Respondent(s) s
Mr. Shirish K. Deshpande, A.O.R.
UPON hearing counsel the Court made the following
O R D E R
Delay condoned.
When the Special Leave Petition was taken up for hearing today, a joint application seeking permission to condone the offence under Section 147 Signature Not Verified Digitally signed by of the Negotiable Instruments Act, 1881 was moved Kalyani Gupta Date: 2014.11.12 14:06:21 IST Reason: along with joint affidavit sworn to by the PAGE NO. 1 OF 2 SLP(CRL) NO... CRLMP 14732 OF 2014 petitioner as well as the respondent dated 16th October, 2014 which are on record. In the said joint affidavit, both the parties particularly, the complainant has agreed for an amicable settlement of the complaint filed by the petitioner, who was convicted by the trial court by its order dated 22nd January, 2007 which was affirmed by the First Appellate Court in Criminal Appeal No. 16 of 2007 and also by the High Court in the impugned judgement dated 2nd July, 2005. Since the parties have arrived at an amicable settlement which has been stated in uncontracted terms in the joint affidavit dated 16th October, 2014, the conviction and sentence imposed on the petitioner is set aside as compounded.
An amount of Rs. 50,000/- (Rupees fifty thousand only) deposited by the petitioner pursuant to the directions of this Court shall be refunded to the respondent in the light of the agreement between the parties.
It is pointed out that when the matter was pending before the High Court, the petitioner was directed to deposit a sum of Rs. 75,000/- (Rupees PAGE NO. 2 OF 2 SLP(CRL) NO... CRLMP 14732 OF 2014 Seventy five thousand) which the petitioner deposited on 25th March, 2011. The petitioner can move the High Court for the refund of the said amount by filing an appropriate application and we request the High Court to pass appropriate orders for refund to the petitioner.
The Special Leave Petition stands disposed of in the above terms.
[KALYANI GUPTA] [SHARDA KAPOOR]
COURT MASTER COURT MASTER
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