Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 56602 (KAR)

SRI RAJESH GOPAL v. SRI K L AMARNATH

CRL.RP/782/2017 · 2025-07-14

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25810 CRL.RP No. 782 of 2017 C/W CRL.RP No. 780 of 2017 CRL.RP No. 781 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 782 OF 2017 C/W CRIMINAL REVISION PETITION No. 780 OF 2017 CRIMINAL REVISION PETITION No. 781 OF 2017 IN CRL.RP No. 782/2017 BETWEEN: SRI RAJESH GOPAL S/O LATE V.B. GOPAL AGED ABOUT 41 YEARS R/AT No.63, 2ND CROSS ANDHRA MUNIYAPPA LAYOUT CHELLIKERE BENGALURU – 560 043. …PETITIONER (BY SRI S R SREEPAD, ADVOCATE) AND: SRI K L AMARNATH S/O LAKSHMINARAYAN AGED ABOUT 50 YEARS R/AT No.44, 10TH MAIN MALLESHWARAM BENGALURU – 560 010. …RESPONDENT (BY SRI MOHAN S, ( NOC) ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25810 CRL.RP No. 782 of 2017 C/W CRL.RP No. 780 of 2017 CRL.RP No. 781 of 2017 THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE ORDER AND JUDGMENT DATED 12.06.2017 PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE IN CRL.A.No.297/2015 CONFIRMING THE JUDGMENT AND ORDER DATED 03.02.2015 PASSED BY THE XIX ACMM, BANGALORE IN C.C.No.8168/2012 CONVICTING THE PETR. TO PAY THE FINE AMOUNT OF Rs.3,05,000/- AND IN DEFAULT OF PAYMENT TO UNDERGO SIX MONTHS SIMPLE IMPRISONMENT AND ACQUIT THE PETR. OF THE CHARGES LEVELED AGAINST HIM AND ETC., IN CRL.RP No. 780/2017 BETWEEN: SRI RAJESH GOPAL S/O LATE V.B. GOPAL AGED ABOUT 41 YEARS R/AT No.63, 2ND CROSS ANDHRA MUNIYAPPA LAYOUT CHELLIKERE BENGALURU – 560 043. …PETITIONER (BY SRI S R SREEPAD, ADVOCATE) AND: SRI K L AMARNATH S/O LAKSHMINARAYAN AGED ABOUT 50 YEARS R/AT No.44, 10TH MAIN MALLESHWARAM BENGALURU – 560 010. …RESPONDENT (BY SRI MOHAN S, ( NOC) ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE ORDER AND JUDGMENT DATED 12.06.2017 PASSED BY THE LXVI ADDL. - 3 - HC-KAR NC: 2025:KHC:25810 CRL.RP No. 782 of 2017 C/W CRL.RP No. 780 of 2017 CRL.RP No. 781 of 2017 CITY CIVIL AND S.J., BANGALORE IN CRL.A.No.298/2015 CONFIRMING THE JUDGMENT AND ORDER DATED 03.02.2015 PASSED BY THE XIX ACMM, BANGALORE IN C.C.No.8166/2012 CONVICTING THE PETR. TO PAY THE FINE AMOUNT OF Rs.2,50,000/- AND IN DEFAULT OF PAYMENT TO UNDERGO SIX MONTHS SIMPLE IMPRISONMENT AND ACQUIT THE PETR. OF THE CHARGES LEVELED AGAINST HIM AND ETC., IN CRL.RP No. 781/2017 BETWEEN: SRI RAJESH GOPAL S/O LATE V.B. GOPAL AGED ABOUT 41 YEARS R/AT No.63, 2ND CROSS ANDHRA MUNIYAPPA LAYOUT CHELLIKERE BENGALURU – 560 043. …PETITIONER (BY SRI S R SREEPAD, ADVOCATE) AND: SRI K L AMARNATH S/O LAKSHMINARAYAN AGED ABOUT 50 YEARS R/AT No.44, 10TH MAIN MALLESHWARAM BENGALURU – 560 010. …RESPONDENT (BY SRI MOHAN S, ( NOC) ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE ORDER AND JUDGMENT DATED 12.06.2017 PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE IN CRL.A.No.299/2015 CONFIRMING THE JUDGMENT AND ORDER DATED 03.02.2015 PASSED BY THE XIX ACMM, BANGALORE IN C.C.No.8167/2012 - 4 - HC-KAR NC: 2025:KHC:25810 CRL.RP No. 782 of 2017 C/W CRL.RP No. 780 of 2017 CRL.RP No. 781 of 2017 CONVICTING THE PETR. TO PAY THE FINE AMOUNT OF Rs.3,05,000/- AND IN DEFAULT OF PAYMENT TO UNDERGO SIX MONTHS SIMPLE IMPRISONMENT AND ACQUIT THE PETR. OF THE CHARGES LEVELED AGAINST HIM AND ETC., THESE PETITIONS COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Petitioner present. Respondent present. 2. Learned counsel for the petitioner present and learned counsel for respondent present. 3. An application under Section 147 of the N.I.Act is filed. It is jointly signed by petitioner, respondent and their respective counsels. On perusal of the averments made in the application, all the three matters are settled for Rs.7,00,000/-. The said settlement amount includes the deposit in a sum of Rs.3,50,000/- deposited by the petitioner before the trial Court. The petitioner has no objection for the respondent to withdraw the said amount in deposit made by the petitioner before the trial Court in - 5 - HC-KAR NC: 2025:KHC:25810 CRL.RP No. 782 of 2017 C/W CRL.RP No. 780 of 2017 CRL.RP No. 781 of 2017 the all the three cases. The petitioner has agreed to pay balance of Rs.3,50,000/- by way of three installments as stated in para 6 of the application which reads thus: “6. In so far as the balance, the petitioner undertakes to pay a sum of Rs.3,50,000=00 by way of 3 (three) instalments as follows: 1. The first instalment shall be Rs.1,00,000=00 to be paid on or before 10.08.2025. 2. The second instalment shall be Rs.1,25,000=00 to be paid on or before 10.9.2025. 3. The third instalment shall be Rs.1,25,000=00 to be paid on or before 10.10.2025. Thus in all the petitioner shall pay a sum of Rs.3,50,000=00 without any default.” 4. The respondent has agreed for receipt of balance amount in three instalments as stated above. In view of settlement, the offence under Section 138 of the N.I.Act is compounded in all three cases. In view of compounding, all the three criminal revision petitions are disposed of as offence compounded. The respondent is permitted to withdraw the amount in deposit in all the three cases. The respondent shall furnish his bank account details to the - 6 - HC-KAR NC: 2025:KHC:25810 CRL.RP No. 782 of 2017 C/W CRL.RP No. 780 of 2017 CRL.RP No. 781 of 2017 trial Court so as to enable it to transfer the amount in deposit to his bank account directly. 5. If the petitioner-accused does not pay the balance amount as agreed in three instalments then the judgment passed by the trial Court in all the three cases revives. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 55