Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29914 CRL.RP No. 510 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 510 OF 2025 BETWEEN:
P SATHISH, S/O. G. C. PUTTASWAMY, AGED ABOUT 40 YEARS, RESIDING AT NO. 99/1, FIRST FLOOR, 6TH CROSS, 7TH MAIN, SRIRAMPURA, APOLO MEDICAL, BENGALURU NORTH, PIN-560 021. …PETITIONER (BY SRI A N RADHA KRISHNA, ADVOCATE) AND:
SRI SURESH, S/O. LATE BYYANNA, AGED ABOUT 45 YEARS, RESIDING AT G.N.V. SCHOOL, YALEPETE, CHIKKABALLAPURA, PIN-562 101. …RESPONDENT (BY SRI RAGHAVENDRA A S,ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) CR.P.C PRAYING TO A. SET ASIDE THE
JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE LEARNED IsT ADDL. SENIOR CIVIL JUDE AND JMFC CHIKKBALLAPURA IN C.C.NO.425/2022 DATED 29.08.2024 CONVICTING THE PETITIONER/ACCUSED FOR THE OFFENCE P/US/ 138 OF NI ACT AND CONFIRMED IN CRL.A.NO.45/2024 ON THE FILE OF THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA DATED 27.01.2025.B. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:29914 CRL.RP No. 510 of 2025 ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE P/US/ 138 OF NI ACT IN C.C.NO.425/2022 DATED 29.08.2024 ON THE FILE OF THE LEARNED I ADDL. SENIOR CIVIL JUDGE AND JMFC CHIKKABALLAPURA DATED 27.01.2025.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Sri.Raghavendra A.S., the learned counsel accepts notice on behalf of the respondent.
2. This Revision Petition is arising from the concurrent finding in the proceeding under Section 138 of Negotiable Instruments Act, 1881 (for short 'NI Act').
3. The accused is convicted for the offence punishable under Section 138 of NI Act and fine of Rs.3,10,000/- is imposed on the accused and in default of payment of fine, six months simple imprisonment is also imposed.
4. The appeal filed by the accused is also dismissed concurring with the judgment passed by the Trial Court.
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HC-KAR NC: 2025:KHC:29914 CRL.RP No. 510 of 2025
5.
Learned counsel appearing for the petitioner - accused and the learned counsel appearing for the respondent - complainant are present before the Court. Revision petitioner and the respondent are also present before the Court.
6.
Learned counsel appearing for both sides would submit that the dispute is amicably settled. Both the revision petitioner and the respondent jointly submit that they have voluntarily entered into settlement.
7. Application filed would reveal that both the parties have agreed to settle the dispute on payment of Rs.1,50,000/- by the accused to the complainant.
8. It is further stated that Rs.60,000/- which is kept in deposit before the Trial Court has to be released in favour of respondent - complainant and respondent-complainant today has received Rs.90,000/- from the petitioner/accused and the complainant who is present before the Court acknowledges the receipt of the said amount.
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HC-KAR NC: 2025:KHC:29914 CRL.RP No. 510 of 2025
9. This Court does not find any impediment to accept the settlement which is lawful.
10. Settlement is accepted. The impugned judgments are set-aside. Accused is acquitted.
11. Accordingly, the Revision Petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 5