- 1 - HC-KAR NC: 2025:KHC:51218 CRL.RP No. 804 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 804 OF 2023 BETWEEN: SMT. VEENA SUKANAND, W/O G N SUKANAND, AGED ABOUT 45 YEARS, R/O ELEKHAN ESTATE, GUDDADAMANE POST, CHIKKAMAGALURU TALUK - 577 101. …PETITIONER (BY SRI A GOPIPRAKASH, ADVOCATE) AND: M.R. SUDHEER, S/O RUDRE GOWDA, AGED ABOUT 42 YEARS, R/O SUSHANTH NAGARA, MUDIGERE TALUK - 577 101. …RESPONDENT (BY SRI VINOD GOWDA, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.PC. PRAYING TO 1. SET ASIDE THE IMPUGNED JUDGMENT PASSED BY HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU ON DATED 21.04.2023 IN CRL.A.NO.197/ 2022 VIDE ANNEXURE-A. 2.SET ASIDE THE IMPUGNED JUDGMENT PASSED BY HONBLE SENIOR CIVIL JUDGE AND J.M.F.C AT MUDIGERE IN C.C.NO.339/2021 ON DATED 29.10.2022 VIDE ANNEXURE-B AND ACQUIT THE PETITIONER OF THE OFFENCE ALLEGED AND CHARGED AGAINST HIM. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51218 CRL.RP No. 804 of 2023 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment dated 21.04.2023 passed by II Additional District and Session Judge, Chikkamagaluru, in Crl.A.no.197/2022 confirming judgment of conviction and order of sentence dated 29.10.2022 passed by learned Senior Civil Judge and J.M.F.C., Mudigere, in C.C.no.339/2021, this revision petition is filed. 2. Learned counsel for parties and petitioner is present. 3. Learned counsel for petitioner has filed a memo stating that accused is paying sum of Rs.2,80,000/- to complainant towards full and final settlement of complainant's claim under cheque in question. Learned counsel for respondent acknowledged receipt of amount by way of Demand Draft bearing no.981941 dated 27.11.2025 drawn on State Bank of India, for Rs.38,863/-. Further, it is agreed by accused that amount of Rs.1,75,000/- and Rs.65,000/- deposited by accused before trial Court is permitted to be withdrawn by - 3 - HC-KAR NC: 2025:KHC:51218 CRL.RP No. 804 of 2023 complainant and same would be in satisfaction of complainant's claim. 4. Terms of memo reads as follows: "MEMO The revision petitioner, in the above matter most respectfully submits as follows:- 1. It is submitted that, above revision petition is filed by the revision petitioner challenging. A legality and correctness of the judgment passed in Criminal Appeal No:- 197/2022, dt:21/04/2023 passed by the Hon'ble 2nd ADDL District and Sessions Judge at Chikkamagaluru and Hon'ble Senior Civil Judge and JMFC Mudigere. In C.C NO:- 339/2021 Judgement order dt: 29/10/2022. 2. It is further submitted that, the said matter was listed before the bench on 03/07/2023. After hearing at length, this Hon'ble court pleased to admit the above revision petition and granted interim order of stay by way of suspending the sentence by directing the revision petitioner shall execute a personal bond for sum of Rs.50,000/ - (Rupees fifty thousand only) with a surety for the like sum to the satisfaction of the Court below and this Hon'ble court further directed the petitioner shall deposit 50% of the cheque amount inclusive of the amount. Which has already been deposited before the trial Court. Within a period of four weeks from today. Failing which, the suspension order stands vacated without a further order. 3. It is further submitted that, in order to comply the conditional interim order passed by this Hon'ble Court on 03/07/2023. The Revision Petitioner deposited a sum of Rs.5000/- (Rupees five thousand only) and sum of Rs.65,000/- (Rupees sixty five thousand only) and Rs.1,75,000/- (Rupees one lakh seventy five thousand only) on - 4 - HC-KAR NC: 2025:KHC:51218 CRL.RP No. 804 of 2023 14/12/2022 before the Civil Judge (Senior Division) and JMFC, Mudigere. In that effect, the revision petitioner herein produces original documents herewith. 4. It is further submitted that, in the last occasion with the advice of this Hon'ble Court both the parties agreed to settled the issue amicably and the respondent agreed to receive sum of Rs.2,80,000/- (Rupees Two lakh eighty thousand only) as a full and final settlement. The same was agreed by both the parties. In that effect, the revision petitioner herein produces the sum of Rs.38,863/- (Rupees thirty eight thousand eight hundred and sixty three only) in favour of the respondent vide Demand Draft dt:27/11/2025, DD number:- 981941. 5. It is further submitted that, considering this memo along with the demand draft and original receipts in respect of deposit of Rs.1,75,000/- (Rupees One lakh Seventy five thousand only) and Rs.65,000/- (Rupees Sixty five thousand only) and requested to pass the order accordingly. WHEREFORE, I Revision Petitioner in the above matter most respectfully pray that this Hon'ble Court pleased to accept this memo along with one demand draft of Rs.38,863/- (Rupees Thirty eight thousand eight hundred and sixty three only) and original receipts of Rs.65,000/- (Rupees sixty five thousand only) and Rs.1,75,000/- (Rupees One lakh seventy five thousand only) issued by the office of Civil Judge (Senior Division) and JMFC Mudigere, Chikkamagaluru District. For kind perusal and pass an order according to the law, in the ends of justice." 5. Perused joint memo and same is taken on record. 6. In terms of joint memo, this criminal revision petition is disposed of; concurrent judgments of conviction and order of sentences dated 21.04.2023 passed by II - 5 - HC-KAR NC: 2025:KHC:51218 CRL.RP No. 804 of 2023 Additional District and Session Judge, Chikkamagaluru, in Crl.A.no.197/2022 and dated 29.10.2022 passed by learned Senior Civil Judge and J.M.F.C., Mudigere, in C.C.no.339/2021 are set aside, acquitting petitioner of offence alleged. Trial Court is directed to release amount in deposit in favour of respondent - complainant. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 41