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2025 DAILYLAW 82149 (KAR)

TEJAS v. SMT C P SUMA

CRL.RP/1287/2025 · 2025-08-30

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34869 CRL.RP No. 1287 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO.1287 OF 2025 (397(Cr.PC) / 438(BNSS)) BETWEEN: TEJAS S/O LATE SUBHASH BABU AGED ABOUT 25 YEARS, R/AT HARASANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TQ AND DIST 562101. …PETITIONER (BY SRI. M. JAGANNATH ALVA.,ADVOCATE) AND: SMT C P SUMA D/O PADMANABHAN AGED ABOUT 37 YEARS, WARD NO.11, GANIGARA BEEDHI, CHIKKABALLAPURA TOWN CHIKKABALLAPUAR 562101. …RESPONDENT (BY SRI. DEVAREDDY.R.V., ADVOCATE) THIS CRL.RP FILED U/S.397 R/W 401 (FILED U/S.438 R/W SEC.442 BNSS) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 07.07.2025 PASSED BY THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA DISMISSING THE CRL.A.NO.10/2025 AND THE JUDGMENT OF CONVICTION DATED 30.12.2024 PASSED BY THE LEARNED PRINCIPAL Sr.CIVIL JUDGE AND CJM, CHIKKABALLAPURA IN C.C.NO.211/2023 WHICH ARE PRODUCED AT ANNEXURE A AND B RESPECTIVELY. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34869 CRL.RP No. 1287 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the order dated 30.12.2024 passed by the Trial Court sentencing the petitioner/accused for the offence under Section 138 of N.I. Act. The appeal filed by the petitioner also came to be dismissed vide order dated 07.07.2025. Hence, the present petition. 2. The Trial Court has sentenced the accused to pay a fine of Rs.5,60,000/- out of which, Rs.5,50,000/- was ordered to be paid to the complainant and Rs.10,000/- was ordered to be paid towards the expenses of the State. 3. It is submitted that the petitioner/accused is in custody pursuant to the conviction warrant issued by the Trial Court. - 3 - HC-KAR NC: 2025:KHC:34869 CRL.RP No. 1287 of 2025 4. Learned counsel for petitioner/accused and respondent-complainant are present. 5. Petitioner and the respondent jointly have filed an application under Section 147 of the N.I. Act, through their respective counsel, reporting settlement. 6. This Court has considered the contents of the said application. It is submitted that the petitioner has paid the entire amount of Rs.5,50,000/-. Since the dispute between the parties is settled and the complainant submits satisfaction of the full claim, this Court does not find any impediment to acquit the petitioner of the alleged offence and release him from confinement. 7. Hence, the following : ORDER i) IA.1/2025 filed by learned counsel for the parties to record settlement is allowed. Consequently, the Criminal Revision Petition is allowed in terms of IA.1/2025; - 4 - HC-KAR NC: 2025:KHC:34869 CRL.RP No. 1287 of 2025 ii) The impugned judgment dated 07.07.2025 passed by the learned I Additional Sessions Judge, Chikkaballapura in Criminal Appeal No.10/2025 and the judgment and conviction dated 30.12.2024 passed by the learned Principal CJM, Chikkaballapura in C.C.No.211/2023 are set aside. iii) The accused is acquitted of the charges and shall be released forthwith. Sd/- (ANANT RAMANATH HEGDE) JUDGE rs List No.: 2 Sl No.: 9