Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 86409 (KAR)

K.K. JAYANTHI v. PRAMILA SHETTY

CRL.A/380/2015 · 2025-07-24

Shivashankar Amarannavar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28197 CRL.A No. 380 of 2015 C/W CRL.RP No. 103 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 380 OF 2015 C/W CRIMINAL REVISION PETITION NO. 103 OF 2015 IN CRL.A No. 380/2015 BETWEEN: K.K. JAYANTHI W/O B.U.MACHAIAH, RESIDING NEAR VIJAYA VINAYAKA TEMPLE, MADIKERI TOWN, MADIKERI - 571 201. …APPELLANT (BY SRI. CHARAN KUMAR K.V., ADVOCATE) AND: PRAMILA SHETTY W/O. KRISHNA SHETTY, RESIDENT OF RAJA SEAT ROAD, MADIKERI, KODAGU DISTRICT - 571 201. …RESPONDENT (BY SRI. HARSHA G. ADVOCATE FOR SRI. SACHIN B S ., ADVOCATE) THIS CRL.A IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 21.11.2014 PASSED BY I ADDITIONAL DISTRICT & SESSIONS JUDGE, KODAGU-MADIKERI IN CRIMINAL APPEAL NO.47/2007 CONFIRMING THE ORDER PASSED BY ADDITIONAL CIVIL Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28197 CRL.A No. 380 of 2015 C/W CRL.RP No. 103 of 2015 JUDGE, (JR.DN.) AND JMFC, MADIKERI IN C.C.NO.1636/2003 DATED 25.06.2007 AND ETC. IN CRL.RP NO. 103/2015 BETWEEN: PRAMILA SHETTY W/O. KRISHNA SHETTY, AGED ABOUT 45 YEARS, R/AT: RAJASEAT ROAD, KODAGU-MADIKERI - 571 201. ...PETITIONER (BY SRI. HARSHA G. ADVOCATE FOR SRI. SACHIN B S ., ADVOCATE) AND: K.K. JAYANTHI W/O. B.U. MACHAIAH AGED ABOUT 45 YEARS, R/AT: NEAR VIJAYA VINAYAKA TEMPLE, MADIKERI TOWN, KODAGU DISTICT - 571 201. ...RESPONDENT (BY SRI. CHARANKUMAR K.V., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 379 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 21.11.2014 IN CRL.A.NO.47/2007 ON THE FILE OF THE IADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI CONFIRMING THE JUDGMENT OF THE TRIAL COURT IN C.C.NO.1636/2003 DATED 25.06.2007 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.) & JMFC, MADIKERI AND ETC. - 3 - HC-KAR NC: 2025:KHC:28197 CRL.A No. 380 of 2015 C/W CRL.RP No. 103 of 2015 THIS CRIMINAL APPEAL AND CRIMINAL REVISION PETITION ARE COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Joint memo is filed and it is jointly signed by complainant-respondent and his counsel and learned counsel for the petitioner-accused. 2. As per the terms of joint memo, the matter is settled for Rs.6,00,000/- including the amount in deposit in a sum of Rs.4,00,000/- deposited by the accused. The accused is undertaking to pay balance amount of Rs.2,00,000/- within two months from this day by way of Demand Draft. 3. The complainant has agreed for receiving the balance amount of Rs.2,00,000/- within two months by way of Demand Draft. - 4 - HC-KAR NC: 2025:KHC:28197 CRL.A No. 380 of 2015 C/W CRL.RP No. 103 of 2015 4. Accused has no objection for complainant to withdraw the amount in deposit in a sum of Rs.4,00,000/- deposited by the accused before the trial Court. 5. In view of the above settlement, the offence under Section 138 of Negotiable Instruments Act is compounded. 6. In view of the compounding, both Criminal Appeal and Criminal Revision Petition are disposed of as offence is compounded. 7. Complainant is permitted to withdraw Rs.4,00,000/- deposited by the accused before the trial Court. 8. If the accused fails to pay the balance amount of Rs.2,00,000/- within two months as agreed, the trial Court judgment will revive. 9. The complainant shall furnish her bank account details, so as to enable the trial Court to transfer the - 5 - HC-KAR NC: 2025:KHC:28197 CRL.A No. 380 of 2015 C/W CRL.RP No. 103 of 2015 amount deposited by the accused directly to bank account of the complainant. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 41