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2025 DAILYLAW 78458 (KAR)

LAKSHMIPATHI v. RAVEESH M P

CRL.RP/1489/2024 · 2025-08-04

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30149 CRL.RP No. 1489 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. 1489 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: RAVEESH M P S/O PANCHAKSHARAIAH, AGED ABOUT 46 YEARS, R/AT MADANAGHATTA VILLAGE, KASABA HOBLI, GUBBI TALUK-572 216, TUMAKURU DISTRICT. …RESPONDENT (BY SRI MUSHTAQ AHMED, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT DATED 26.06.2024 PASSED BY THE PRL.CIVIL JUDGE AND J.M.F.C GUBBI IN C.C.NO.633/2017 CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I ACT TO PAY A SUM OF RS.7,50,000/- IN DEFAULT TO UNDERGO S.I 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.42/2024 AND ACQUIT THE PETITIONER. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30149 CRL.RP No. 1489 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 An application is filed to recall the order dismissing the petition for non-prosecution. 2. For the cause shown, I.A.1/2025 is allowed. Order dismissing the petition for non-prosecution is recalled. 3. Petition is restored to file. 4. 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. 5. Accused/petitioner is before the Court. Respondent/complainant is also before the Court. 6. Both the parties jointly submit that they have voluntarily entered into settlement and filed joint memo. 7. This Court has perused the contents of the joint memo. - 3 - HC-KAR NC: 2025:KHC:30149 CRL.RP No. 1489 of 2024 8. It is noticed that complainant has agreed to receive Rs.7,50,000/- from the accused towards full and final discharge of the amount due. 9. It is further stated that the complainant has received Rs.2,00,000/- in cash on 10.07.2025. The complainant who is present before the Court admits of having received Rs.2.00 lakhs in cash. 10. 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. 11. Balance amount of Rs.3,50,000/- is agreed to be paid by the petitioner within two months from today. 12. This Court does not find any impediment to accept the said terms of settlement. It is further stated that in case the amount is not paid within two months from today, the respondent-complainant is at liberty to move an application to revive the present proceeding. 13. Accepting the terms of settlement, the impugned orders are set-aside. The amount in deposit before the Trial - 4 - HC-KAR NC: 2025:KHC:30149 CRL.RP No. 1489 of 2024 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.: 30