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2025 DAILYLAW 71749 (KAR)

SRI HANUMANTHARAYAPPA v. SRI C RAJANNA

CRL.RP/927/2018 · 2025-07-31

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29640 CRL.RP No. 927 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 927 OF 2018 BETWEEN: SRI HANUMANTHARAYAPPA, SON OF ANJANAPPA, AGED ABOUT 59 YEARS, RESIDING AT NO.273, 2ND BLOCK, LAKSHMIDEVINAGARA MAIN ROAD, OPP:RAMALILA PLAY GROUND, KADUR HOBLI, MAGADI TALUK, RAMAGNARA DISTRICT,WORKING AS:TEACHER, URDU PRIMARY SCHOOL,THORERAMANAPALYA VILLAGE,ADARANGI POST, MAGADI TALUK - 562720. …PETITIONER (BY SRI SRIKANTH N V,ADVOCATE) AND: SRI C RAJANNA, SON OF LATE CHIKKABYRAIAH, AGED ABOUT 65 YEARS, RESIDING AT KUTTINAGAERE VILLAGE, KUDUR HOBLI, MAGADI TALUK - 562720, …RESPONDENT (BY SRI PRADEEP J S, ADVOCATE FOR SRI N SUBBA SHASTRY, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 25.07.2018 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN CRL.A.NO.8/2017 IN CONFIRMING THE JUDGMENT AND SENTENCE PASSED BY THE ADDITIONAL CIVIL JUDGE, AND JMFC, MAGADI IN C.C.NO.461/2016 DATED Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29640 CRL.RP No. 927 of 2018 25.02.2017 AND ACQUIT THE PETITIONER IN THE ABOVE CASE.I.A.NO.1/2018 FOR SUSPENSION OF SENTENCE. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is against the concurrent finding in a proceeding initiated under Section 138 of the Negotiable Instruments Act, 1881 (for short 'Act, 1881). Petitioner is sentenced to pay a fine of Rs.4,00,000/- with interest @ 18% p.a. from the date of filing the case till the date of realisation of the amount and in default of payment of compensation and interest, accused shall undergo simple imprisonment for a period of six months and also to pay a fine of Rs.5,000/- to the State Government and in default of payment of fine amount, accused is sentenced to undergo simple imprisonment for a period of two months. The appeal filed by the accused is also dismissed in terms of the impugned order. 2. Hence, accused in this petition is present before the Court. - 3 - HC-KAR NC: 2025:KHC:29640 CRL.RP No. 927 of 2018 3. Learned counsel for the petitioner fairly submits that the dispute is amicably settled and has submitted an application reporting the settlement incorporating the terms and conditions. 4. This Court has gone through the terms and conditions. 5. It is noticed that Rs.80,000/- is agreed to be paid today and the same is paid before the Court. 6. Learned counsel for the respondent acknowledges receipt of the said amount. 7. Payment of balance amount of Rs.3,20,000/- is due. 8. It is further stated that Rs.50,000/- is already deposited before the Trial Court. Same shall have to be released in favour of the respondent-complainant. 9. Thus, Rs.3,20,000/- is the balance due and agreed to be paid in installments as enumerated in paragraph No.6 of the application. - 4 - HC-KAR NC: 2025:KHC:29640 CRL.RP No. 927 of 2018 10. Learned counsel for the respondent/complainant submits that he has agreed for the settlement arrived at. 11. Considering the terms of settlement, this Court is of the view that the settlement is lawful and there is no impediment to accept the settlement. 12. It is also noticed that in case of default, this order will have to be recalled and sentence has to be revived. 13. Accordingly, petition is disposed of in terms of the settlement. Impugned orders are set-aside subject to aforementioned conditions. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 3 Sl No.: 43