SRI B.M.SOMASHEKAR PATEL v. SMT RATHNAMALA PRAKASH
CRL.RP/1469/2024 · 2025-08-23
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40525 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40525 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33103 CRL.RP No. 1469 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1469 OF 2024 BETWEEN:
SRI B.M.SOMASHEKAR PATEL, S/O MRUTHYUNJAYAPPA PATEL, AGED ABOUT 63 YEARS, R/AT BHEEMASAMUDRA VILLAGE, HIRESUGUNTANOORU HOBLI, CHITRADURGA HOBLI, CHITRADURGA DISTRICT-577501, ALSO AT NO. 15, 2ND CROSS, DOLLARS COLONY, HIGH R.M.V., 2ND STAGE, NEW BL ROAD, BENGALURU-94. …PETITIONER (BY SRI KEERTHI PRASAD D C, ADVOCATE) AND:
SMT RATHNAMALA PRAKASH, W/O PRAKASH KESARAKAR, AGED ABOUT 65 YEARS, REP. BY HER GPA HOLDER, SRI PRAKASH KESARKAR, S/O BHEEMOJI RAO,
Digitally signed by C HONNUR SAB Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:33103 CRL.RP No. 1469 of 2024
AGED ABOUT 61 YEARS, R/AT NO.70, MARUTHI LAYOUT, 12TH CROSS, DASARAHALLI, BENGALURU-560024. …RESPONDENT (BY SRI VINAYAKA S PANDIT, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND CONVICTION CONFIRMED BY LXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN CRL. APPEAL NO. 747/2022 DATED 11/09/2024 AND
JUDGMENT AND CONVICTION ORDER PASSED BY THE VI ADDL. JUDGE COURT OF SMALL CAUSES AND ACMM, BENGALURU IN CC NO.1712/2018 DATED 20/09/2021 AND ACQUIT THE ACCUSED FOR THE OFFENCES P/U/S 138 OF NI ACT BY ALLOWING THIS CRIMINAL REVISION PETITION AND BE PLEASED TO PASS SUCH OTHER RELIEFS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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HC-KAR NC: 2025:KHC:33103 CRL.RP No. 1469 of 2024
ORAL ORDER
This petition is filed assailing the concurrent finding in a proceeding under section 138 of the Negotiable Instruments Act. The petitioner/accused is convicted and sentenced to pay a fine of Rs.8,05,000/-.
2.
Learned counsel for the petitioner/accused and respondent/complainant are present before this Court. Both jointly submit that the dispute is amicably settled and joint memo dated 23.08.2025 is filed reporting settlement. The joint memo is signed by the petitioner/accused and respondent/complainant.
3. It is noticed that the Complaint has agreed to receive Rs.3,00,000/- in full and final settlement of his claim against the petitioner/accused and it is also stated that Rs.3,00,000/- demand draft as mentioned in paragraph 3 of the joint memo, is handed over to the respondent/complainant.
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HC-KAR NC: 2025:KHC:33103 CRL.RP No. 1469 of 2024
4. This Court has made enquiry with the parties present before this Court. Both have submitted that they have voluntarily entered into the settlement.
5. This Court does not find any impediment to accept the terms of the settlement. Accordingly joint memo dated 23.08.2025 is accepted.
6. In view of the above, the petition is disposed of.
7. The petitioner is acquitted of all charges.
8. The bail bond furnished stands cancelled.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
CHS List No.: 4 Sl No.: 1