Shantha Kumar vs M S Rajashekar

H.P. Sandesh, J

The petitioner along with his counsel is present. The respondent is absent and the counsel for the respondent is present.

The counsel appearing for the respective parties and the petitioner have filed a joint memo stating that the matter is settled for an amount of Rs.1,00,000/- and the petitioner undertakes to pay the said amount to the respondent by way of cash or through DD on or before 16.11.2023 and the respondent is also agreed to receive the same.

The joint memo is taken on record in view of the settlement arrived between the parties. The petitioner is directed to pay the amount of Rs.1,00,000/- on or before 16.11.2023 as agreed in the joint memo. If the petitioner fails to act in terms of the joint memo, the judgment of the Trial Court would be restored and the petitioner has to pay the amount of Rs.1,25,000/- as ordered by the Trial Court along with the interest at the rate of 9% per annum as ordered by this Court. In default of payment of the amount as agreed, the petitioner shall undergo simple imprisonment for a period of three months as ordered by the Trial Court.

In the joint memo it is prayed to waive off the fine amount imposed by the Trial Court wherein the Trial Court passed an order to pay the amount of Rs.5,000/-towards the cost to the State and the same shall be vest with the State. The said prayer is not accepted since the matter is adjudicated before the Trial Court, First Appellate Court and before this revisional Court. Hence, the petitioner is directed to pay the fine of Rs.5,000/- within a period of two weeks before the Trial Court and the same shall be vest with the State and produce the receipt for having paid the fine amount before this Court within a period of two weeks.

In terms of the joint memo, the petition is disposed off.

Registry is directed to send the records to the Trial Court forthwith.