Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24848 CRL.RP No. 440 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION NO.440 OF 2025 BETWEEN:
G. H. CHANNAKESHAVAIAH AGED ABOUT 73 YEARS S/O LATE POOJARI CHANNAIAH BEHIND GOVERNMENT HOSPITAL KHB COLONY, GUBBI TOWN-572 216 TUMAKURU DISTRICT. …PETITIONER (BY SRI. SUHAS H S, ADVOCATE) AND:
SRI. R. B. KIDINETHRA S/O LATE BASAVAIAH AGED ABOUT 65 YEARS R/AT N. RAMPURA NITTUR HOBLI-572 223 GUBBI TALUK TUMAKURU DISTRICT …RESPONDENT (BY SRI PRABHULINGA MURTHY B R, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C (UNDER SECTION 438 READ WITH SECTION 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO.64/2024 BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU DATED 18.02.2025 AND ORDER PASSED IN C.C. NO. 607/2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, GUBBI DATED 26.10.2024 AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24848 CRL.RP No. 440 of 2025
ORAL ORDER
1. Petitioner is present. Respondent is present.
Learned counsel for petitioner is present and learned counsel for respondent is present.
2. A joint memo is filed and it is signed by petitioner, respondent and their respective counsel. The matter is settled for Rs.6,00,000/- including the amount deposited by the petitioner - accused before the trial Court in a sum of Rs.3,72,500/-. Petitioner - accused has no objection for respondent - complainant withdrawing the amount in deposit before the trial Court in a sum of Rs.3,72,500/-. As per the joint memo, petitioner - accused has agreed to pay the balance amount of Rs.2,27,500/- within a period of 2 months from this day failing which the respondent may proceed against the petitioner - accused in accordance with law. In view of the settlement, offence under Section 138 of the Negotiable Instruments Act is compounded. In view of compounding of the offence,
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HC-KAR NC: 2025:KHC:24848 CRL.RP No. 440 of 2025
revision petition is disposed of as offence compounded. If the petitioner - accused fails to pay the balance amount of Rs,2,27,500/- within a period of 2 months as agreed, respondent - complainant is at liberty to enforce the order passed by the trial Court. Respondent - complainant is permitted to withdraw Rs.3,72,500/- deposited by the petitioner – accused before the trial Court.
3. Respondent - complainant shall furnish his Bank account details to the trial Court so as to enable the trial Court to transfer the amount to his account directly.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 1 Sl No.: 28