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2025 DAILYLAW 48713 (KAR)

MISS DIVYABHARATHI N v. SARASWAT CO OPERATIVE BANK LTD

CRL.A/2193/2025 · 2025-12-09

G Basavaraja

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:51830 CRL.A No. 2193 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2193 OF 2025 BETWEEN: MISS. DIVYABHARATHI N D/O SRI A NARASIMHAN, AGED ABOUT 33 YEARS, R/AT NO. 1109/3, 47TH CROSS, 9TH MAIN ROAD, 5TH BLOCK, JAYANAGAR, BENGALURU 560041 ALSO AT. MAVIN OAK PVT LTD., NO. 320, 40TH CROSS, 9TH MAIN, 5TH BLOCK, JAYANAGAR, BENGALURU 560041 …APPELLANT (BY SRI. H S PRASHANTH., ADVOCATE) AND: SARASWAT CO-OPERATIVE BANK LTD CHAMARAJPET BRANCH, NO. 10, SHANKAR MUTT ROAD, CHAMARAJPET, BENGALURU 560018. REP. BY ITS AUTHORIZED SIGNATORY AND MANAGER RECOVERY, MR M MANJUNATH H MANKANI …RESPONDENT (BY SRI. SHETTY VIGNESH SHIVARAM., ADVOCATE) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51830 CRL.A No. 2193 of 2025 THIS CRL.A IS FILED U/S 374(2) CR.PC (FILED U/S 415(2) BNSS) PRAYING TO SET ASIDE AND MODIFY THE JUDGMENT AND ORDER DATED 04.10.2024, PASSED BY THE 40TH A.C.J.M AT BENGALURU IN C.C.NO.18499/2024, BY DIRECTING THE RESPONDENTS TO ACCEPT AN AMOUNT OF RS.5,50,000/- OR SUCH OTHER AMOUNT AS THIS HONBLE COURT TOWARDS THE BALANCE PAYABLE BY THE APPELLANT IN VIEW OF ABOVE JUDGMENT AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Learned Counsel for the appellant/accused has filed a memo dated 09.12.2025 and submits that the appellant/accused has settled the matter before the Trial Court, in C.C.No.18499/2024. 2. The memo reads as under: MEMO "The Appellant above named humbly submits that, in compliance of the judgment and conviction of the Hon'ble Trial Court the Appellant has paid the following amounts to the Respondent:- a) On 14/10/2024 an amount of Rs.2,00,000/- was paid by way of cheque bearing No.004165. b) On 04/12/2024 an amount of Rs.1,00,000/- was paid by way of cash against challan. - 3 - HC-KAR NC: 2025:KHC:51830 CRL.A No. 2193 of 2025 c) On 26/03/2025 an amount of Rs.2,00,000/- was paid by way of cheque bearing No.000073. d) An amount of Rs.5,50,000/- through D.D.No.508411, drawn on ICICI Bank, J.P.Nagar branch, Bengaluru deposited before the Trial Court. e) An amount of Rs.2,00,000/- through D.D. bearing No. 631341, drawn on Bank of Baroda, Jayanagar branch, Bengaluru and the same would be deposited before the Trial Court forthwith. As such in all the Appellant has paid entire amount of Rs.12,50,000/-as per the Judgment and conviction of the Hon'ble Trial Court. The Appellant has no objection to the Respondent withdrawing Rs.7,50,000/- in deposit before the Hon'ble Trial Court. As such this Hon'ble Court may be pleased to hold that the entire amount as per Judgment and order dated 04/10/2024, passed by the 40th Addl Chief Judicial Magistrate at Bengaluru in C.C.No.18499/2024, is paid by the Appellant and may close the said C.C.No.18499/2024 as full and finally settled in the interest of justice and equity." 3. The memo is accepted and taken on record. 4. In view of the submission of the learned Counsel for the appellant, the criminal appeal stands closed. 5. The respondent/complainant is permitted to withdraw the amount deposited before the Trial Court. - 4 - HC-KAR NC: 2025:KHC:51830 CRL.A No. 2193 of 2025 6. The Trial Court is hereby directed to disburse the amount in deposit to the respondent/complainant with due identification in accordance with law. 7. In view of disposal of the main appeal, pending interlocutory applications, do not survive for consideration and are accordingly disposed of. Sd/- (G BASAVARAJA) JUDGE DL CT: JL