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2025 DAILYLAW 54010 (KAR)

SRI B A ALIMIYA v. SRI S N SEENAPPA

CRL.RP/837/2024 · 2025-08-21

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32703 CRL.RP No. 837 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 837 OF 2024 BETWEEN: SRI B A ALIMIYA, S/O B A F MOHAMMED DASTAGIR, AGED ABOUT 67 YEARS, R/AT KURUBARAPETE, SIDLAGHATTA TOWN. …PETITIONER (BY SRI RAMACHANDRA REDDY B R, ADVOCATE) AND: SRI S N SEENAPPA, S/O LATE NYATHAPPA, AGED ABOUT 62 YEARS, RESIDING AT SHANKARMUT STREET, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT. …RESPONDENT (BY SRI S N SEENAPPA, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 01.04.2024 PASSED IN CRL.A.NO.20/2023 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA (SITTING AT CHINTAMANI) AND THE JUDGMENT DATED 04.02.2023 PASSED IN C.C.NO.227/2020 ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C., CHINTAMANI. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32703 CRL.RP No. 837 of 2024 ORAL ORDER This petition was dismissed for non prosecution vide order dated 10.12.2024 before issuing notice to the respondent. 2. The application is filed to recall the order dated 10.12.2024. It is stated that dispute is settled. The respondent is also present before the Court. 3. For the cause shown, the I.A. 1/2025 is allowed and order dated 10.12.2024 is recalled and petition is restored to file. 4. Petitioner and respondent are present. 5. Counsel for the petitioner is present. Respondent is present before this Court. Rs.1,35,000/- in cash is paid to the respondent. Respondent acknowledges the receipt of the amount. 6. This petition is filed assailing the concurrent finding of the Trial Court and the Sessions Court convicting - 3 - HC-KAR NC: 2025:KHC:32703 CRL.RP No. 837 of 2024 the accused for the offence punishable under Section 138 of the Negotiable Instruments Act. 7. Trial Court imposed a fine of Rs.2,00,000/-. Appellate Court dismissed the appeal. 8. A joint memo is filed stating that the respondent/complainant has agreed to receive Rs.1,85,000/- in addition to Rs.50,000/- that is already said to have been deposited before the Trial Court. 9. It is further stated that amount in deposit should be released in favour of the complainant/respondent. 10. After going through the contents of the complaint and after making enquiry with the parties present before this Court, this Court does not find any impediment to accept the settlement. 11. Settlement is accepted, impugned judgments are set-aside. The accused is acquitted. The amount in - 4 - HC-KAR NC: 2025:KHC:32703 CRL.RP No. 837 of 2024 deposit before the Trial Court shall be released in favour of the complainant/respondent. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 2 Sl No.: 3