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2025 DAILYLAW 48278 (KAR)

SMT. RADHIKA.S. v. SRI. KEERTHI C.V.

CRL.RP/177/2023 · 2025-08-05

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30384 CRL.RP No. 177 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 177 OF 2023 BETWEEN: SMT RADHIKA S, W/O MALLESH, AGED ABOUT 34 YEARS, C/O REVATHI, NO.26/2, 10TH CROSS, RAGHAVENDRA BADAVANE, MYSURU -570011. …PETITIONER (BY SRI B C VENKATESH, ADVOCATE) AND: SRI. KEERTHI C.V, S/O SRI VIJAYAKUMAR, AGED ABOUT 37 YEARS, R/AT NO. 1/A, LIG GROUP-VI, K.H.B. COLONY, HOTTAGALLI, MYSURU CITY-570001. …RESPONDENT (BY SRI G M ANANDA, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 27.12.2022 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU IN CRL.A.NO.188/2022 AND JUDGMENT DATED 27.05.2022 PASSED BY THE V JMFC MYSURU IN C.C.NO.1250/2020 BY ACQUITTING THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30384 CRL.RP No. 177 of 2023 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This Revision Petition is against the concurrent finding in a proceeding initiated for offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'NI Act'). The Trial Court has convicted the accused and sentenced the accused to pay fine amount of Rs.1,10,000/- as against the dishonour of cheque of Rs.1,00,000/-, and Rs.1,05,000/- is ordered to be paid to the complainant as compensation and Rs.5,000/- is ordered to be remitted to the State. 2. Appeal filed by the complainant is dismissed confirming the judgment passed by the Trial Court. 3. Petitioner-accused is present before this Court. Learned counsel for the respondent is also present before this Court. - 3 - HC-KAR NC: 2025:KHC:30384 CRL.RP No. 177 of 2023 4. Learned counsel for the petitioner submits that Rs.1,00,000/- is already deposited before the Trial Court and he is ready to pay balance of Rs.5,000/- to the respondent - complainant. 5. Learned counsel for the respondent-complainant submits that he will accept the said amount of Rs.5,000/- and he also acknowledges the receipt of the said amount. The amount of Rs.1,00,000/- which is said to be deposited before the Trial Court shall be released in favour of the respondent- complainant including the interest accrued if any. 6. Since this is the factual position, nothing remains to be considered. 7. Accordingly, the Revision Petition is allowed. 8. The impugned judgments are set aside. The petitioner - accused is acquitted. 9. It is further submitted that the petitioner has furnished cash security for a sum of Rs.10,000/- before the - 4 - HC-KAR NC: 2025:KHC:30384 CRL.RP No. 177 of 2023 Trial Court. The same shall be released in favour of the petitioner-accused. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 20