SRI MUNIRAMAIAH M V v. K V AMARCHANDRA NARAYANA SETTY
CRL.RP/1490/2016 · 2025-12-19
Ravi V Hosmani
body2025
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[ 2025 DAILYLAW 51313 (KAR) · dailylaw.ai ]
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[ 2025 DAILYLAW 51313 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:54510 CRL.RP No. 1490 of 2016 C/W CRL.RP No. 1491 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1490 OF 2016 C/W CRIMINAL REVISION PETITION NO. 1491 OF 2016 BETWEEN:
SRI MUNIRAMAIAH M V., S/O LATE VENKATARAMAIAH, AGED ABOUT 55 YEARS, R/AT ANJANEYA TEMPLE STREET, SHESHADRIPURAM, BANGALORE-560012 PRESENTLY AT NO.200, 6TH CROSS, 6TH MAIN ROAD, TATA NAGAR, KODIGEHALLI POST, BENGALURU - 560 091.
&PETITIONER (COMMON) (BY SRI VIJAY KRISHNA BHAT M., ADVOCATE) AND:
K V AMARCHANDRA NARAYANA SETTY, AGED ABOUT 36 YEARS, R/AT NO.5820/5396, BAKTHINAGAR, N.R.EXTENSION, CHINTAMANI TOWN, CHIKKABALLAPURA DISTRICT - 563 125.
&RESPONDENT (COMMON) (BY SRI GANGI REDDY B V., ADVOCATE)
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:54510 CRL.RP No. 1490 of 2016 C/W CRL.RP No. 1491 of 2016
THIS CRL.RP NO.1490/2016 IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 17.09.2016 PASSED BY THE LEARNED II ADDL. DIST. AND S.J., CHICKBALLAPUR (SITTING AT CHINTAMANI), IN CRL.A.NO.29/2015, CONFIRMING THE ORDER OF CONVICTION DATED 25.03.2015 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, CHINTAMANI IN C.C.NO.498/2008.
THIS CRL.RP NO.1491/2016 IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 17.09.2016 PASSED BY THE LEARNED II ADDL. DIST. AND S.J., CHICKBALLAPUR (SITTING AT CHINTAMANI), IN CRL.A.NO.30/2015, CONFIRMING THE ORDER OF CONVICTION DATED 25.03.2015 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, CHINTAMANI IN C.C.NO.278/2008.
THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging judgments dated 17.09.2016 passed by II Additional District and Sessions Judge, Chickballapur (sitting at Chintamani), in Crl.A.nos.29/2015 and Crl.A.no.30/2015 confirming judgments of conviction and orders of sentence dated 25.03.2015 passed by Principal Civil Judge and JMFC., Chintamani, in C.C.no.498/2008 C.C.no.278/2008, these revision petitions are filed.
2. Counsel for both parties submit that settlement proposals were exchanged between petitioner/accused and respondent/complainant, same was recorded by this Court in its
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HC-KAR NC: 2025:KHC:54510 CRL.RP No. 1490 of 2016 C/W CRL.RP No. 1491 of 2016
order dated 15.12.2025. In terms of same, accused had issued cheque bearing no.707169 for Rs.75,000/- drawn on Canara Bank, Sheshadripuram Branch, Bengaluru, in favour of complainant.
3.
Learned counsel for complainant submitted that said cheque has been encashed. Therefore, settlement in both revision petitions in pursuance of I.A.no.1/2025 filed under Section 147 of Negotiable Instrument Act, 1881, ('NI Act', for short) and joint memos are accepted, which reads as under:
"In Crl.R.P.no.1490/2016:
APPLICATION UNDER SECTION 147 OF NEGOTIABLE INSTRUMENT ACT. The Petitioner and Respondent submit as follows:-
1. That the both parties have settled the dispute for a sum of Rs.1,00,000/- (Rupees one lakh only) as against the fine amount of Rs.1,30,000/- (One lakh thirty thousand only) as per the separate Joint Memo signed by both the parties and their advocates. The offence is a compoundable offence. 2. Hence, it is most respectfully prayed that this Hon'ble Court be pleased to pass orders permitting the parties to compound the office against the petitioner filed under section 138 of N.I. Act, and allow the Revision petition by setting aside the order dated 17/09/2016, passed by the learned II Addl. District and Sessions Judge, Chickballapur (Sitting at Chintamani), in Crl.A.No.29/2015, confirming the order of conviction dated 25/03/2015, passed by the Prl. Civil Judge and
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HC-KAR NC: 2025:KHC:54510 CRL.RP No. 1490 of 2016 C/W CRL.RP No. 1491 of 2016
JMFC Chintamani, in CC.No.498/2008, in the interest of justice and equity. JOINT MEMO
Petitioner and Respondent submits as under
1. Due to the intervention of friends, relatives and well- wishers, both parties have settled the dispute for a sum of Rs.1,00,000/-(Rupees one lakh only) as against the fine amount of Rs.1,30,000/-(One lakh thirty thousand only). 2. The Petitioner has already deposited a sum of Rs.15,000/-, before the Trail Court. The petitioner has agreed to pay balance amount of Rs.85,000/- towards full and final settlement and respondent has agreed to receive a sum of Rs.85,000/- from the petitioner towards full and final settlement in respect of cheques involved in the above case. Said amount was paid on 28/02/2025, before this Hon'ble Court, which is acknowledged by respondent. 3. Petitioner has no objection to release the deposited amount to the Respondent
Hence, in view of the settlement both parties humbly pray that this Hon'ble Court be pleased to set aside the impugned orders, in the interest of justice and equity."
"In Crl.R.P.no.1491/2016:
APPLICATION UNDER SECTION 147 OF NEGOTIABLE INSTRUMENT ACT. The Petitioner and Respondent submit as follows:-
1.
That the both parties have settled the dispute for a sum of Rs.3,30,000/- (Rupees Three lakhd thirty thousand only) which is the fine amount as per the separate Joint Memo signed by both the parties and their advocates. The offence is a compoundable offence. - 5 -
HC-KAR NC: 2025:KHC:54510 CRL.RP No. 1490 of 2016 C/W CRL.RP No. 1491 of 2016
2. Hence, it is most respectfully prayed that this Hon'ble Court be pleased to pass orders permitting the parties to compound the office against the petitioner filed under section 138 of N.I. Act, and allow the Revision petition by setting aside the order dated 17/09/2016, passed by the learned II Addl. District and Sessions Judge, Chickballapur (Sitting at Chintamani), in Crl.A.No.30/2015, confirming the order of conviction dated 25/03/2015, passed by the Prl. Civil Judge and JMFC Chintamani, in CC.No.278/2008, in the interest of justice and equity. JOINT MEMO
Petitioner and Respondent submits as under
1. Due to the intervention of friends, relatives and well- wishers, both parties have settled the dispute for a sum of Rs.3,30,000/-(Rupees Three lakhs thirty thousand only) which is the fine amount. 2. The Petitioner has already deposited a sum of Rs.25,000/-, before the Trail Court. The petitioner has agreed to pay balance amount of Rs.3,05,000/-, and respondent has agreed to receive a sum of Rs.3,05,000/- from the petitioner, towards full and final settlement in respect of cheques involved in the above case. 3. The Petitioner has paid Rs.2,75,000/- on 28.02.2025 in the open court by wary of Three cheques as detailed below and respondent acknowledge receipt of three cheques. a) Through cheque bearing No.707164, for Rs.1,00,000/- dated 28/03/2025 drawn on Canara Bank, branch Seshadripuram, Bengaluru. b) Through cheque bearing No.707165, for Rs.1,00,000/- dated 28/04/2025 drawn on Canara Bank, branch Seshadripuram, Bengaluru.
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HC-KAR NC: 2025:KHC:54510 CRL.RP No. 1490 of 2016 C/W CRL.RP No. 1491 of 2016
c) Through cheque bearing No.707166, for Rs.75,000/- dated 28/05/2025 drawn on Canara Bank, branch Seshadripuram, Bengaluru. 4. Petitioner is paying Rs.30,000/- (Rupees Thirty thousand only) by cash to the respondent today. In all the petitioner has paid Rs.3,05,000/- (Rupee Three Lakhs Five thousand). 5. Petitioner has no objection to release the deposited amount to the Respondent. Hence, in view of the settlement both parties humbly pray that this Hon'ble Court be pleased to set aside the
order dated 17/09/2016, passed by the learned II Addl. District & Sessions Judge, Chickballapur (Sitting at Chintamani), in Crl.A.No.30/2015, confirming the order of conviction dated 25/03/2015, passed by the Prl. Civil Judge and JMFC, Chintamani, in CC.No.278/2008, in the interest of justice and equity."
4. Perused applications and joint memos in both revision petitions. Same are taken on record.
5. In terms of settlement, both Criminal Revision Petitions are disposed of as settled; concurrent judgments of conviction and orders of sentence dated 17.09.2016 passed by II Additional District and Sessions Judge, Chickballapur (sitting at Chintamani), in Crl.A.nos.29/2015 and Crl.A.no.30/2015 and dated 25.03.2015 passed by Principal Civil Judge and JMFC., Chintamani, in C.C.no.498/2008 C.C.no.278/2008 are set aside, acquitting petitioner of offence alleged.
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HC-KAR NC: 2025:KHC:54510 CRL.RP No. 1490 of 2016 C/W CRL.RP No. 1491 of 2016
Trial Court is directed to release amount in deposit in favour of respondent/complainant. Registry to forthwith transmit TCR to Trial Court.
Sd/- (RAVI V HOSMANI) JUDGE
GRD List No.: 1 Sl No.: 34