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2025 DAILYLAW 75066 (KAR)

SMT REKHA G v. SRI NAGESHA B M

CRL.RP/1230/2017 · 2025-07-18

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26986 CRL.RP No. 1230 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 1230 OF 2017 BETWEEN: SMT. REKHA G W/O SRINIVAS. U.R AGED ABOUT 47 YEARS R/AT No.76, 5TH MAIN 2ND CROSS, BASAPPA LAYOUT HANUMANTHA NAGARA BENGALURU – 560 019. …PETITIONER (BY SRI K L SREENIVAS, ADVOCATE) AND: SRI NAGESHA B M S/O LATE MARIGOWDA AGED ABOUT 34 YEARS R/O B.YARAGANAHALLY VILLAGE MADDUR TAUK, MANDYA DISTRICT – 571 438. …RESPONDENT (BY SRI C V ANNAIAH, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN CRL.A.No.45/2016 ON 25.04.2017 AND ALSO THE JUDGMENT PASSED BY THE LEARNED I ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MADDUR IN C.C.No.443/2013 ON 26.04.2016 AND THEREBY Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26986 CRL.RP No. 1230 of 2017 ACQUIT THE PETITIONER FOR TH EOFENCE UNDER SECTION 138 OF NEGOTIABLE ACT AND ETC., THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Petitioner and learned counsel for the petitioner present. Respondent and learned counsel for respondent present. 2. A joint memo is filed and it is signed by the petitioner, respondent and their respective counsel. As per the joint memo, the matter is settled for Rs.1,00,000/- including 50% of fine amount deposited by the petitioner before the trial Court. Petitioner has no objection for respondent withdrawing the amount deposited by the petitioner before the trial Court. Petitioner has agreed to pay remaining balance of Rs.50,000/- in two installments commencing from 30.07.2025 and 30.08.2025 each installment amount of Rs.25,000/-. Respondent has agreed to receive balance amount in two installments. - 3 - HC-KAR NC: 2025:KHC:26986 CRL.RP No. 1230 of 2017 3. In view of the above settlement the offence under Section 138 of the N.I.Act is compounded. In view of compounding the revision petition is disposed of as offence compounded. 4. Respondent is permitted to withdraw 50% of the amount deposited by the petitioner before the trial Court. Respondent shall furnish his bank account details to the trial Court so as enable it to transfer the amount to his bank account directly. 5. If the petitioner does not pay the balance amount as agreed, the judgment of trial Court will revive. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 23