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2025 DAILYLAW 70665 (KAR)

LAKSHMIPATHI v. G.R CHANNABASAVANNA

CRL.RP/1483/2024 · 2025-08-04

Anant Ramanath Hegde

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30261 CRL.RP No. 1483 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1483 OF 2024 BETWEEN: LAKSHMIPATHI, S/O LAKSHMINARASAIAH, AGED ABOUT 52 YEARS, SCHOOL TEACHER, R/AT GOVERNMENT PRIMARY SCHOOL, PURADA GOLLARAHATTI, NITTUR HOBLI, GUBBI TALUK, -572 223, TUMAKURU DISTRICT. ...PETITIONER (BY SRI N KUMAR, ADVOCATE) AND: G.R CHANNABASAVANNA, S/O LATE RANGAPPA, AGED ABOUT 56 YEARS, R/AT VIDYANAGARA, GUBBI TOWN-572 216, TUMAKURU DISTRICT. ...RESPONDENT (BY SRI MUSHTAQ AHMED, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 26.06.2024 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC GUBBI IN C.C.NO.476/2017 CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S 138 OF NI ACT TO PAY A SUM OF RS.7,50,000/- IN DEFAULT TO UNDERGO SI FOR A PERIOD OF SIX MONTHS AND ALSO JUDGMENT DATED 15.10.2024 PASSED BY VII ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU IN CRL.A.NO.41/2024 AND ACQUIT THE PETITIONER. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30261 CRL.RP No. 1483 of 2024 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 order of conviction in a proceeding under Section 138 of Negotiable Instruments Act, 1881 which is confirmed by the First Appellate Court. 2. Accused/petitioner is before the Court. Respondent/complainant is also before the Court. 3. Both the parties jointly submit that they have voluntarily entered into settlement and filed joint memo. 4. This Court has perused the contents of the joint memo. 5. It is noticed that complainant has agreed to receive Rs.4,00,000/- from the accused towards full and final discharge of the amount due. 6. It is further stated that the complainant has received Rs.2,00,000/- in cash on 10.07.2025. The - 3 - HC-KAR NC: 2025:KHC:30261 CRL.RP No. 1483 of 2024 complainant who is present before the Court admits of having received Rs.2.00 lakhs in cash. 7. It is further stated that Rs.2,00,000/- is deposited before the Trial Court. Respondent is entitled to receive the said amount along with interest accrued if any. 8. This Court does not find any impediment to accept the said terms of settlement 9. Accepting the terms of settlement, the impugned orders are set-aside. The amount in deposit before the Trial Court shall be released in favour of the complainant/respondent. Accused is acquitted subject to the above said conditions. Accordingly, petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 0