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2025 DAILYLAW 39134 (KAR)

SRI HARISH K v. SMT SRIVIDYA E

CRL.RP/865/2023 · 2025-09-24

Anant Ramanath Hegde

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38620 CRL.RP No. 865 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO.865 OF 2023 BETWEEN: 1. SRI. HARISH K., S/O KRISHNAPPA AGED ABOUT 41 YEARS, RESIDING AT NO.180, 2ND CROSS M.V.LAYOUT, BANASWADI BENGALURU - 43. …PETITIONER (BY SRI. S.B. TOTAD, ADVOCATE) AND: 1. SMT. SRIVIDYA E., D/O ETHIRAJ AGED ABOUT 34 YEARS RESIDING AT NO.19 MAMUNDI PILLAI STREET SIVAN SHETTY GARDEN BENGALURU - 42. …RESPONDENT (BY SRI. PRABHUKUMAR R., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE ORDER OF JUDGMENT AND CONVICTION PASSED BY THE LEARNED XXXIII A.C.M.M, MAYO HALL UNIT AT BENGALURU IN C.C.NO.56923/2018 DATED 13.04.2022 AND SET ASIDE THE JUDGMENT AND CONVICTION PASSED BY THE LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL, BENGALURU, IN CRL.A.NO.25094/2022 DATED 17.04.2023 AND DISMISS THE COMPLAINT FILED BY THE RESPONDENT. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38620 CRL.RP No. 865 of 2023 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the concurrent finding in a proceeding arising out of Section 138 of the Negotiable Instruments Act, 1881. 2. The petitioner is convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act, 1881. 3. A joint memo is filed by the petitioner and the respondent. The learned counsel appearing for the petitioner and respondent have also signed the joint memo reporting settlement. 4. It is submitted that the petitioner has paid Rs.5,00,000/- and the amount of Rs.4,00,000/- in deposit before the Trial Court is payable to the complainant- respondent. On receipt of the said amount, the entire claim of the complainant-respondent stands satisfied. - 3 - HC-KAR NC: 2025:KHC:38620 CRL.RP No. 865 of 2023 5. Accepting the terms of the joint memo, the impugned judgments are set aside. The complainant- respondent is entitled to receive Rs.4,00,000/- which is in deposit before the Trial Court, inclusive of interest, if any. Accordingly, the criminal revision petition is disposed of. SD/- (ANANT RAMANATH HEGDE) JUDGE ST List No.: 2 Sl No.: 3