Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39058 CRL.RP No. 823 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 823 OF 2021 BETWEEN:
SRI KRISHNAMURTHY S/O SRI. C. HANUMANTHA GOWDA AGED ABOUT 55 YEARS, R/AT NO.92, 4TH CROSS, C SECTOR, AMRUTH NAGAR, BANGALORE - 560 092 IT IS MENTIONED IN THE COMPLAINT AS R/AT BB/17, PWD QUARTERS, KAVAL BYRASANDRA, RT NAGAR POST, BENGLAURU - 560 032. …PETITIONER (BY SRI. GURURAJ KULKARNI, ADVOCATE) AND:
SMT JAYAKANTHA S W/O SRI. JAYARAM S AGED ABOUT 49 YEARS, R/AT NO.24-B, ANNAPOORNESHWARI NILAYA, INDIAN EXPRESS LAYOUT, VIRUPAKSHAPURA, KODIGEHALLI, BENGALURU - 560 092. …RESPONDENT (BY SRI. RAMESH R., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
JUDGMENT AND ORDER DATED 08.06.2021 PASSED BY THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH- 65), BENGALURU IN CRL.A.NO.2385/2018 AND ALSO SET
Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39058 CRL.RP No. 823 of 2021
ASIDE THE JUDGMENT AND ORDER OF SENTENCE DATED 29.10.2018 PASSED BY THE JUDGE, COURT OF SMALL CAUSES AND XXVI ADDL.C.M.M., BENGALURU IN C.C.NO.23552/2015 AND ACQUIT THE ACCUSED AND AWARDING COSTS THROUGHOUT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
This petition is filed assailing the concurrent finding in a proceeding arising from C.C. No.23552/2015 on the file of XXVI Additional Chief Metropolitan Magistrate, Bengaluru and Criminal Appeal No.2385/2018 on the file of LXIV Additional Sessions Judge at Bengaluru.
2. The petitioner is convicted for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced to pay fine of Rs.10,50,000/- in respect of dishonour of cheque for Rs.10,00,000/-. The appellate Court dismissed the appeal confirming the conviction and sentence. Hence, the present petition.
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HC-KAR NC: 2025:KHC:39058 CRL.RP No. 823 of 2021
3. The matter was referred to the Mediation Centre to explore the possibility of settlement. Learned Mediator has submitted the report dated 02.09.2025 reporting settlement.
4.
Learned counsel for the petitioner and respondent jointly submit that the dispute is amicably settled. The terms of the settlement are duly recorded and signed by the parties.
5. This Court has perused the terms of the settlement.
6. The complainant/respondent has agreed to receive Rs.8,50,000/- towards full satisfaction of his claim. Rs.5,25,000/- which is in deposit before the Trial Court is to be released in favour of the complainant/respondent and balance amount Rs.3,25,000/- to be payable to the complainant/respondent within three months from 02.09.2025. This Court does not find any impediment to accept the terms of the settlement. Hence, the following:-
ORDER
(i) Subject to the petitioner paying Rs.3,25,000/- to the complainant/respondent through demand draft within three months from 02.09.2025, the judgments under challenge are set-aside.
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HC-KAR NC: 2025:KHC:39058 CRL.RP No. 823 of 2021
(ii) The amount of Rs.5,25,000/- in deposit before the Trial Court with interest shall be released in favour of the complainant/respondent.
(iii) It is made clear that in case the payment is not made as aforesaid, the sentence under challenge shall revive.
(iv) The petition is accordingly disposed of.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
CHS List No.: 2 Sl No.: 2