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2025 DAILYLAW 67943 (KAR)

SRI MAHESH KUMAR v. ASHOK KUMAR HEBBAR

CRL.RP/117/2020 · 2025-08-11

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31034 CRL.RP No. 117 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 117 OF 2020 BETWEEN: SRI MAHESH KUMAR, S/O RAGHAVENDRA ACHARYA, AGED ABOUT 47 YEARS, RESIDING AT SHIVA KUTEERA, BAIKADY, BRAHMAVARA, UDUPI TALUK-576213. …PETITIONER (BY SRI SURESH M, ADVOCATE) AND: ASHOK KUMAR HEBBAR, S/O SRI. M.PADMANABHA HEBBAR, AGED ABOUT 44 YEARS, RESIDING AT NO.65, BELIKAHALLI, BANNERGHATTA ROAD, BANGALORE-560076 REPRESENTED BY HIS GPA HOLDER M.PADMANABHA HEBBAR, R/O. ASHRAYA HORNI, HARKUR VILLAGE AND POST, KUNDAPURA (T), UDUPI (D) 576233. …RESPONDENT (BY SRI NAGARAJA HEGDE,ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SETTING ASIDE THE JUDGMENT DATED 13.06.2018 PASSED IN CRL.A.NO.19/2013 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE UDUPI SITTING AT KUNDAPURA, CONFIRMING THE CONVICTION JUDGMENT PASSED BY THE ADDITIONAL CIVIL JUDGE ANDJMFC KUNDAPURA IN C.C.NO.1382/2001 DATED 23.09.2011 AND ACQUIT THE PETITIONER BY ALLOWING THIS REVISION PETITION. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31034 CRL.RP No. 117 of 2020 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Bailable warrant was issued against the petitioner. Warrant is executed and the petitioner is before this Court. 2. This Petition is against the concurrent finding under Section 138 of Negotiable Instruments Act, 1881 (for short 'NI Act'). Accused/petitioner was convicted for the offence punishable under Section 138 of NI Act and is sentenced to pay fine of Rs.18 lakhs. Out of the said amount Rs.17,95,000/- was ordered to be paid as compensation to the complainant. 3. Appeal filed by the petitioner/accused is dismissed. 4. Learned counsel for the accused/petitioner and the learned counsel for the respondent/complainant jointly submit that the dispute is settled between the parties and a joint memo is filed to that effect. Joint memo is signed by accused/petitioner, learned counsel for the accused/petitioner and the learned counsel appearing for the complainant/respondent. - 3 - HC-KAR NC: 2025:KHC:31034 CRL.RP No. 117 of 2020 5. In terms of the joint memo, it is noticed that the petitioner/accused and respondent/complainant have agreed to settle the dispute and the respondent/complainant has agreed to receive Rs.3,50,000/- towards full and final settlement. The accused /petitioner has undertaken to pay Rs.3,50,000/- on or before 30.09.2025. 6. It is also stated in the joint memo that in case, the amount is not paid by the accused/petitioner, the respondent/ complainant is at liberty to review/recall the present joint memo and proceed further in the case. 7. Accused/petitioner is present before the Court. He submits that he has voluntarily agreed to pay a sum of Rs.3,50,000/- to the complainant. 8. This Court does not find any impediment in accepting the joint memo. 9. Hence, the following: ORDER (i) The Revision Petition is disposed of in terms of joint memo. - 4 - HC-KAR NC: 2025:KHC:31034 CRL.RP No. 117 of 2020 (ii) The judgment dated 13.06.2018 in Criminal Appeal No.19/2013 on the file of Additional Sessions Judge, Udupi and the judgment dated 30.09.2011 in CC.No.1382/2001 on the file of JMFC, Kundapura are set aside. (iii) Bail bond stands cancelled. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 6