SRI KARTHIGEYAN THYAGARAJAN v. SRI N SATHISH KUMAR
CRL.RP/794/2025 · 2025-07-23
Shivashankar Amarannavar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77178 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77178 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27800 CRL.RP No. 794 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 794 OF 2025 BETWEEN:
SRI KARTHIGEYAN THYAGARAJAN S/O. SRI. THYAGARAJAN RAMASWAMY AGED ABOUT 45 YEARS RESIDING AT No. 103 BRIGADE JASMINE, 9TH CROSS NEAR CAPITAL SCHOOL, R B I LAYOUT 7TH PHASE, J. P. NAGAR BENGALURU – 560 078. …PETITIONER
(BY SRI KRISHNA B J, ADVOCATE)
AND:
SRI N SATHISH KUMAR S/O. SRI NANDAGOPAL AGED ABOUT 44 YEARS RESIDING AT No. 661/A MANJUNATHANAGAR 3RD CROSS, 9TH MAIN BENGALURU – 560 010. …RESPONDENT
(BY SRI ARUN KUMAR S, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.PC (FILED U/S 438 R/W 442 BNNS) PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND CONVICTION
ORDER CONFIRMED BY THE LRD. LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-64) AT BENGALURU IN CRL.A.No.1119/2018, DATED 02.02.2023, FURTHER PLEASED
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:27800 CRL.RP No. 794 of 2025
TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF CONVICTION PASSED BY THE LRD. 4TH ADDL. JUDGE AND 30TH ADDL. CMM COURT OF SMALL CAUSES(SCCH-6) AT BENGALURU IN C.C.No.979/2018, DTD. 04.06.2018 FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT, AGAINST THE PETITIONER AND CONSEQUENTLY ACQUIT THE PETITIONER.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER The petitioner and his counsel are present.
2.
Learned counsel for the respondent is present.
3. Joint memo is filed and it is signed by the petitioner, his counsel and learned counsel for the respondent. As per terms of the joint memo, the matter is settled for Rs.1,53,415/- (rupees One Lakh Fifty Three Thousand Four Hundered Fifteen only) including the amount of Rs.16,000/- (rupees Sixteen Thousand only) in deposit, deposited by the petitioner before the trial Court. The petitioner has handed over Demand Draft bearing No.009759 for Rs.1,37,415/- (rupees One Lakh Thrity
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HC-KAR NC: 2025:KHC:27800 CRL.RP No. 794 of 2025
Seven Thousand Four Hundred Fifteen only) dated 19.02.2025 drawn on HDFC Bank infavour of the respondent. Learned counsel for the respondent reports receipt of said demand draft.
4. The petitioner is permitted to deposit fine amount of Rs.5,000/- (rupees Five Thousand only) by way of Demand Draft bearing No.009760 drawn in favor of learned IV Additional Small Causes Judge and XXX Additonal Chief Metropolitan Magistrate, Bengaluru within one week. The petitioner has no objection for the respondent to withdraw the amount of Rs.16,000/- (rupees Sixteen Thousand only) in deposit deposited by the petitioner before the trial Court.
5. In view of settlement, the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 is compounded. In view of compounding of the offence, this Criminal Revision Petition is disposed of as the offence is compounded.
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HC-KAR NC: 2025:KHC:27800 CRL.RP No. 794 of 2025
5. The respondent is permitted to withdraw the amount of Rs.16,000/- (rupees Sixteen Thousand only) in deposit, deposited by the petitioner before the trial Court.
6. The respondent –complainant shall furnish his bank account details to the trial Court so as to enable to transfer the amount directly to his account.
7. The petitioner is permitted to deposit fine amount of Rs.5,000/- (rupees Five Thousand only) by way of Demand Draft noted supra in the trial Court.
8. In view of the settlement, IA No.1/2025 seeking condonation of delay of 747 days in filing this Criminal Revision Petition is allowed.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DSP List No.: 1 Sl No.: 20