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2025 DAILYLAW 72432 (KAR)

JAYARAMU R v. SMT SARALA KUMARI K

CRL.P/9953/2024 · 2025-08-13

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31390 CRL.P No. 9953 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9953 OF 2024 BETWEEN: JAYARAMU R S/O LATE V RAMKRISHNAPPA, AGED ABOUT 84 YEARS, R/AT NO.1132, 1ST CROSS, PADUVANA ROAD, T K LAYOUT, MYSURU DISTRICT - 577 235. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: SMT SARALA KUMARI K W/O JAYARAMU, AGED ABOUT 62 YEARS, R/AT NO. 86/B, 16TH CROSS, ADIPAMPA ROAD, VV MOHALLA, MYSORE - 570006. …RESPONDENT (BY SRI. RAMAKRISHNA HEGDE, ADVOCATE) CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31390 CRL.P No. 9953 of 2024 CC.NO.3536/2016, FOR THE OFFENCE P/U/S 138 AND 142 OF NI ACT, ON THE FILE OF IX ADDITIONAL CIVIL JUDGE AND JMFC COURT, MYSORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner/accused has filed the captioned petition seeking quashing of the proceedings pending in C.C.No.3536/2016 on the file of IX Additional Civil Judge and JMFC, Mysuru, for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881, (hereinafter referred to 'the NI Act' for short). 2. Today, a joint memo/application duly signed by both parties and their respective counsel has been filed before this Court stating that the matter is amicably settled and the petitioner has given quittance end to the dispute by paying a sum of Rs.6,00,000/- by way of demand draft to respondent/complainant. - 3 - HC-KAR NC: 2025:KHC:31390 CRL.P No. 9953 of 2024 3. The affidavits of the petitioner/accused and respondent/complainant are annexed to the said joint memo/application wherein the complainant, namely Smt.Sarala Kumari K., W/o. Jayaramu, who has sworn to an affidavit, acknowledges that the matter is amicably settled, she has received a sum of Rs.6,00,000/- as full and final settlement and she has agreed to compound the offences pending in C.C.No.3536/2016. 4. Today, learned counsel for the petitioner has handed over a demand draft for a sum of Rs.6,00,000/- in the open Court to the learned counsel for the respondent/complainant. A photocopy of the demand draft is also placed on record. 5. In view of the amicable settlement and the fact that the offences are covered under Sections 138 and 142 of NI Act and the same being civil in nature, this Court to prevent abuse of process, is inclined to trial the proceedings, more particularly, when the complainant has come forward agreeing to withdraw the complaint. - 4 - HC-KAR NC: 2025:KHC:31390 CRL.P No. 9953 of 2024 Accordingly, the parties are permitted to compound the offences pending in C.C.No.3536/2016. 6. In view of the above, the joint memo deserves to be accepted and the criminal proceedings are liable to be quashed. 7. For the foregoing reasons this Court proceeds to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in C.C.No.3536/2016 for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881 pending on the file of the IX Additional Civil Judge and JMFC, Mysuru, in so far as the petitioner is concerned are hereby quashed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE KTY List No.: 2 Sl No.: 1