- 1 - HC-KAR NC: 2025:KHC:49371 CRL.A No. 1393 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1393 OF 2012 (A) BETWEEN: SHRI PURNACHANDRA THEJASWI S S/O LATE B. SRINIVASAIAH, RESIDING AT NO.349, 1ST FLOOR, 9TH MAIN, 14TH CROSS, INDIRANAGAR IIND STAGE, BANGALORE - 560038. …APPELLANT (BY SRI. SARAVANAN G., ADV. FOR SRI. M. T. JAGAN MOHAN, ADV.) AND: DR. A. N. MANJUNATH S/O LATE NARAYANAGOWDA, AGED ABOUT 46 YEARS, R/AT: NO.825, 9TH CROSS, 10TH 'A' MAIN, 2ND STAGE, INDIRANAGAR, BANGALORE AND ALSO AT: ABBENALLI MALUR TALUK, KOLAR DISTRICT. …RESPONDENT (BY SRI. K. R. NAGARAJA, ADV. FOR SRI. V. VISWANATH SETTY, ADV.) THIS CRL.A. IS FILED U/S. 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:5.10.12 PASSED BY THE XIV ADDL.C.M.M., BANGALORE IN C.C.NO.29422/10 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS APPEAL, COMING ON FOR SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49371 CRL.A No. 1393 of 2012 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. Appellant and respondent along with their counsel are present. They have filed a joint memo. 2. The same is read-over and explained to the accused/respondent. 3. Both parties have accepted the terms and conditions of the Joint Memo. Hence, same is accepted as parties have accepted the conditions of the joint memo voluntarily. Same is lawful. 4. In view of the joint memo, appeal is disposed of. 5. Appellant is permitted to withdraw an amount of Rs.1,50,000/- (Rupees One Lakh Fifty thousand only) deposited by the respondent before the trial Court in CC.No.81431/2009 and to adjust the same towards payment of Rs.8,00,000/- (Rupees Eight Lakhs only). 6. Respondent shall pay an amount of Rs.6,50,000/- (Rupees Six Lakh Fifty thousand only) within one month - 3 - HC-KAR NC: 2025:KHC:49371 CRL.A No. 1393 of 2012 from today either by way of Demand Draft or by transferring the amount to the account of the appellant by way of RTGS/NEFT. 7. If the respondent fails to pay the amount of Rs.6,50,000/- as per terms of the Joint Memo, the appellant is at liberty to recover the same under Section 421 of Cr.P.C. All pending IAs shall stand disposed of. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 33