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2025 DAILYLAW 87091 (KAR)

G R MAHENDRA v. M PUTTAPPA

CRL.RP/1206/2019 · 2025-07-16

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26375 CRL.RP No. 1206 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 1206 OF 2019 BETWEEN: G R MAHENDRA S/O RAJAIAH AGED ABOUT 44 YEARS NO.361, 1ST CROSS, VIVEKNAGAR, BANGALORE-47. …PETITIONER (BY SRI. SAHARSH H D, ADVOCATE) AND: M PUTTAPPA S/O LATE MUNIMARAPPA R/AT NO.43, 1ST CROSS, 2ND MAIN VENKATESHWARA LAYOUT, NEAR BCC LAYOUT, VIJAYANAGAR, BANGALORE-40. (SINCE DEAD BY HIS LR) SMT.PUSHPA W/O LATE M.PUTTAPPA AGED ABOUT 64 YEARS RESIDING AT 43, 1ST CROSS, 2ND MAIN VENKATESHWARA LAYOUT NEAR BCC LAYOUT, VIJAYANAGAR BENGALURU- 560 040. …RESPONDENT Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26375 CRL.RP No. 1206 of 2019 (BY SRI. A.V.RAMAKRISHNA, ADVOCATE FOR LR' s AMENDED AS ORDER DATED 16.7.2025, OF THE COURT) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF Cr.PC PRAYING TO SET ASIDE THE JUDGMENT AND CONVICTION DATED 22.10.2018 IN C.C.No.23625/2017 ON THE FILE OF THE HONBLE XXIII A.C.M.M., AT BENGALURU AND SET ASIDE JUDGMENT AND CONVICTION DATED 13.09.2019 IN CRL.A.No.2542/2019 (CORRECT NUMBER CRL.A.No.2542/2018) ON THE FILE OF THE HON’BLE LVI ADITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The petitioner and respondents and their respective counsels are present. 2. Joint memo dated 29.04.2024 is filed. The terms of the joint memo are recorded in the order dated 29.04.2024. At paragraph No.4 of the said joint memo, the matter is settled for Rs.4,50,000/- and the petitioner - 3 - HC-KAR NC: 2025:KHC:26375 CRL.RP No. 1206 of 2019 has agreed to pay the said amount in installments as under; '' a) Rs.1,50,000/-(Rupees One Lakh Fifty Thousand Only) shall be paid by the Petitioner to the Respondent either by way of RTGS/NEFT/DD on or before 15.05.2025. b) Rs.1,00,000/-(Rupees One Lakh Only) shall be paid by the Petitioner to the Respondent either by way of RTGS/NEFT/DD on or before 15.06.2025. c) Rs.1,00,000/-(Rupees One Lakh Only) shall be paid by the Petitioner to the Respondent either by way of RTGS/NEFT/DD on or before 15.07.2025. d) Rs.1,00,000/-(Rupees One Lakh Only) shall be paid by the Petitioner to the Respondent either by way of RTGS/NEFT/DD on or before 15.08.2025.'' 3. In terms of the said joint memo, the petitioner has paid Rs.1,25,000/- on 15.05.2025, the petitioner has also paid Rs.25,000/- on 16.06.2025 and the petitioner is paying today Rs.1,00,000/-. Legal representatives of the deceased -respondent reports receipt of Rs.1,25,000/-, Rs.25,000/- and also Rs.1,00,000/- which is paid today. - 4 - HC-KAR NC: 2025:KHC:26375 CRL.RP No. 1206 of 2019 4. Considering the same, there is balance of Rs.2,00,000/- and the petitioner undertakes to pay said balance amount on or before 15.08.2025. If the petitioner fails to pay the balance amount of Rs.2,00,000/- on or before 15.08.2025 and this Criminal Revision Petition revives. 5. In view of the settlement, offence under Section 138 of the Negotiable Instrument Act, 1881 is compounded. In view of the compounding, this Criminal Revision Petition is disposed of as offence compounded. 6. List this petition on 18.08.2025 for payment of balance amount of Rs.2,00,000/-. If, on that date, the petitioner fails to pay balance amount of Rs.2,00,000/-, this revision petition revives. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RL List No.: 1 Sl No.: 16