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2025 DAILYLAW 40930 (KAR)

RAVI KUMAR M K v. K NARAYANA REDDY

CRL.RP/1481/2022 · 2025-09-02

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34369 CRL.RP No. 1481 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1481 OF 2022 BETWEEN: RAVI KUMAR M K, S/O KUPPASWAMY NAIDU, AGED ABOUT 46 YEARS,R/AT MEGHANA AND SHALINI,APARTMENT NO 3 AND 4, FLAT NO.1402,S BLOCK, 14TH FLOOR 100 FEET, RING ROAD, PADMANABHANGAR, BNAGLAORE - 560070. …PETITIONER (BY SRI PREETHAM JUDE CORREA, ADVOCATE) AND: K NARAYANA REDDY, S/O KONAPPA REDDY, AGED ABOUT 61 YEARS, RA/T NO 141/7/8,4TH MAIN, KATRIGUPPE EAST, BSK 3RD STAGE, BANGALORE 560024. …RESPONDENT (BY SRI MAYUR D BHANU, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 12.12.2018 PASSED IN C.C.NO.772/2018 PASSED BY THE XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU AND ORDER DATED 08.03.2022 IN CRL.A.NO.82/2019 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-60). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34369 CRL.RP No. 1481 of 2022 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed challenging the judgment dated 08.03.2022 on the file of LIX Additional Sessions Judge, Bengaluru and the judgment dated 12.12.2018 passed by the Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.772/2018. 2. In terms of the said judgments, petitioner/accused is sentenced to pay fine of Rs.50,50,000/- out of which Rs.50,40,000/- is ordered to be paid to the complainant-respondent as compensation and Rs.10,000/- is ordered to be adjusted towards the cost in favour of the State and in default, petitioner is sentenced to undergo simple imprisonment for a period of one year. - 3 - HC-KAR NC: 2025:KHC:34369 CRL.RP No. 1481 of 2022 3. Petitioner's appeal in Crl.A.No.82/2019 is dismissed confirming the conviction and sentence recorded by the Trial Court. 4. Hence the present petition is filed. 5. Learned counsel for the petitioner and respondent jointly submit that the parties have entered into an amicable settlement and filed a memo to that effect. 6. The petitioner/accused and the complainant are present before the Court. 7. The terms of the joint memo are as under. (i) The petitioner and respondent hereby file this joint memo to settle the issue between them on the following terms: (ii) By the Judgment dated 12.12.2018, the XVI Additional Chief Metropolitan Magistrate, Bengaluru City convicted the petitioner for the offences punishable under the Negotiable Instruments Act, 1881. The petitioner's appeal to the LIX Additional City Civil and Sessions Judge, - 4 - HC-KAR NC: 2025:KHC:34369 CRL.RP No. 1481 of 2022 Bengaluru in Criminal Appeal No.82/2019 was dismissed. (iii) However, based on the order of the Courts below and of this Hon'ble Court, the petitioner has paid the respondent Rs.25,00,000/- (Rupees Twenty Five Lakhs) thus, far and the respondent confirms receipt of the same. (iv) The balance amount payable is Rs.25,00,000/- (Rupees Twenty Five lakhs only). The petitioner undertakes to repay it according to the following timeline: (v) Rs.4,16,667/- by the 2nd (second) of every month hereafter. Starting today, the petitioner is liable to pay to the respondent 6 instalments of Rs.4,16,667/- by the 2nd (second) of every month. In the event of default in a single payment, the judgments of the Courts below shall stand revived. (vi) At the end of this six month period, the petitioner will repay the entire outstanding amount to the respondent. (vii) The petitioner and respondent are both present before this Hon'ble Court and have agreed to the terms herein and have signed this memo. (viii) Subject to compliance of the aforementioned terms and conditions the petitioner-accused shall stand acquitted and bail bond if any, stands cancelled. - 5 - HC-KAR NC: 2025:KHC:34369 CRL.RP No. 1481 of 2022 8. Learned counsel for the accused submits that Rs.25.00 lakhs is already deposited before the Trial Court pursuant to the interim order granted by this Court and said amount is already withdrawn by the complainant/respondent. 9. Petitioner/accused has undertaken to repay the balance amount of Rs.25.00 lakhs within six months from today. 10. Learned counsel for the respondent on instructions would submit that the complainant has accepted the said offer made by the petitioner/accused. 11. It is also recorded in the joint memo, that in case, the petitioner/accused fails to comply with the undertaking given in the joint memo, the conviction and sentence recorded by the Trial Court and confirmed by the Appellate Court gets revived. - 6 - HC-KAR NC: 2025:KHC:34369 CRL.RP No. 1481 of 2022 12. After considering the terms and conditions incorporated in the joint memo, this Court does not find any error to accept the joint memo. 13. Hence the following: ORDER (i) Criminal Revision Petition is allowed in terms of the joint memo. (ii) The impugned judgment dated 12.12.2018 in C.C.No.772/2018 passed by the Trial Court and impugned judgment dated 08.03.2022 in Crl.A.No.82/2019 passed by the Appellate Court are set-aside subject to: a) Petitioner repaying Rs.25.00 lakhs to the complainant/respondent in six equal monthly installments commencing from 02.10.2025. - 7 - HC-KAR NC: 2025:KHC:34369 CRL.RP No. 1481 of 2022 b) In case of single default, conviction and sentence stands revived. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 4