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High Court of Karnataka · body

2025 DAILYLAW 79169 (KAR)

SRI. SHASHIKUMAR v. SRI. RAJASHEKHARA G.

CRL.RP/690/2023 · 2025-11-19

Shivashankar Amarannavar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:47848 CRL.RP No. 690 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION NO. 690 OF 2023 [(397(Cr.PC) / 438(BNSS)] BETWEEN: SRI. SHASHIKUMAR S/O MALLIKARJUNAPPA, AGED ABOUT 33 EYARS, R/AT: 1ST MAIN, 9TH CROSS, NEAR NARAHARISHET BHAVANA, VINOBHANAGARA, DAVANAGERE - 577 001. …PETITIONER (BY SRI. RUDRAPPA P., ADVOCATE) AND: SRI. RAJASHEKHARA G. S/O LATE S. GANDHI, AGED ABOUT 55 YEARS, R/O. OTC LOGISTICS, MEHABOOB SAW MILL COMPLEX, OPPOSITE OLD ESI HOSPITAL, KODIYAL HOSPET VILLAGE, KUMARAPATTANAM POST, RANEBENNUR TALUK - 581 123. …RESPONDENT (BY SRI. SHRUTHI S P., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47848 CRL.RP No. 690 of 2023 ORDER PASSED IN CRIMINAL APPEAL NO.65/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT DAVANAGERE, DATED 13.04.2023 AND SET ASIDE THE JUDGMENT AND CONVICTION ORDER IN C.C.NO.5052/2018 ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC AT HARIHARA, DATED 29.11.2021. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for petitioner and the petitioner are present. Learned counsel for respondent is present. The respondent is absent. 2. Joint memo is filed and it is jointly signed by the petitioner, respondent and their respective counsels. 3. Learned counsel for respondent submits that, the respondent is unable to login to appear online and he has agreed for the terms of joint memo and has affixed his signature. Learned counsel for respondent has identified the signature of the respondent on the joint memo. - 3 - HC-KAR NC: 2025:KHC:47848 CRL.RP No. 690 of 2023 4. As per the said joint memo, the matter is settled for Rs.3,40,000/-. Out of which, the petitioner is now paying Rs.1,70,000/- by way of cash. The remaining amount of Rs.1,70,000/- is in deposit, deposited by the petitioner before the trial Court. The petitioner has no objection for respondent withdrawing the said amount in deposit. 5. Learned counsel for respondent reports the receipt of cash of Rs.1,70,000/- paid by the petitioner. The said amount has been received by the learned counsel on behalf of respondent. 6. In view of the above settlement, the offence under Section 138 of Negotiable Instruments Act is compounded. 7. In view of the compounding, the Criminal Revision Petition is disposed of as offence is compounded. - 4 - HC-KAR NC: 2025:KHC:47848 CRL.RP No. 690 of 2023 8. The respondent is permitted to withdraw Rs.1,70,000/- deposited by the petitioner before the trial Court. 9. Learned counsel for respondent shall file affidavit of the respondent for having received cash of Rs.1,70,000/- within a period of one week. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 3 Sl No.: 78