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2025 DAILYLAW 86389 (KAR)

MR. C BASAVARAJU v. MR. S. KRISHNAPPA

CRL.RP/868/2022 · 2025-08-20

Anant Ramanath Hegde

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32462 CRL.RP No. 868 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 868 OF 2022 BETWEEN: MR. C. BASAVARAJU S/O CHIKKAPUTTAIAH AGED ABOUT 61 YEARS RESIDING AT NO.2552/3 4TH CROSS, KALIDASA ROAD V.V.MOHALLA MYSORE-570 002 …PETITIONER (BY SRI. SUNIL KUMAR H, ADVOCATE) AND: MR. S. KRISHNAPPA S/O LATE SUBBAIAH M AGED ABOUT 68 YEARS RESIDING AT NO.62, 1ST CROSS SATHYAMARGA SIDDARTH NAGAR LAYOUT MYSORE-570 011 …RESPONDENT (BY SRI. DINAKAR M.P, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE COURT OF IX ADDITIONAL I CIVIL JUDGE AND J.M.F.C., MYSURU IN C.C.NO.29/2016 DATED 05.02.2021 AND SET ASIDE THE ORDER PASSED BY THE VII ADDITIONAL SESSIONS JUDGE, MYSURU IN CRL.A.NO.56/2021 DATED 10.01.2022. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32462 CRL.RP No. 868 of 2022 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 Criminal Revision Petition is filed assailing the concurrent finding for conviction and sentence for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. 2. Learned counsel for the petitioner has filed a joint memo signed by the petitioner, learned counsel for the petitioner and the respondent. 3. The petitioner/accused was convicted to pay a fine of Rs.4,00,000/-. It is submitted that the entire amount is paid by the accused to the complainant. 4. The complainant/respondent who is present before the Court submits that he has received the entire amount due from the petitioner/accused and nothing is due from the petitioner / accused. - 3 - HC-KAR NC: 2025:KHC:32462 CRL.RP No. 868 of 2022 5. This Court has perused the joint memo and the same is accepted. 6. Hence, the following: ORDER (i) The Criminal Revision Petition is disposed of. (ii) The impugned judgment dated 10.01.2022 in Criminal Appeal No.56/2021 on the file of VII Additional Sessions Judge, Mysuru and the judgment dated 05.02.2021 in C.C.No.29/ 2016 on the file of JMFC, Mysuru are set- aside. (iii) The petitioner / accused is acquitted. (iv) Bail bond if any, stands cancelled. (v) The amount in deposit if any, shall be released in favour of the petitioner / accused. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 30