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2025 DAILYLAW 87667 (KAR)

SMT.T.C.MAMATHA v. SRI.K.B.SUBRAMANYA

CRL.RP/690/2025 · 2025-07-21

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27345 CRL.RP No. 690 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 690 OF 2025 BETWEEN: SMT.T.C.MAMATHA W/O LATE DR C.S. PRASANNA AGED ABOUT 43 YEARS R/O OPPOSITE TO VEERABHADRESHWARA THEATER KODLIPET TOWN, SOMWARPET TALUK KODAGU DISTRICT – 571 231. …PETITIONER (BY SRI VIHAR K V, FOR M B RAVIKUMAR, ADVOCATES) AND: SRI K.B.SUBRAMANYA S/O BHASKARACHARI AGED ABOUT 59 YEARS R/O AKKASALIGARA STREET KODLIPET TOWN, SOMWARPET TALUK KODAGU DISTRICT – 571 231. …RESPONDENT (BY SRI THIRUMALESH K, FOR SRI N JAGADISH BALIGA, ADVOCATES) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27345 CRL.RP No. 690 of 2025 THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 24.06.2023 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, AT SOMWARPET IN CC.No.237/2022 AND CRL.A.No.137/2023 PASSED BY THE HON’BLE I ADDL. DISTRICT AND SESSIONS JUDGE, KODAGU, AT MADIKERI DTD 04.10.2024 AND ACQUIT THE PETITIONER, FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I ACT AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for petitioner is present. Learned counsel for respondent is present. 2. A joint memo is filed and it is signed by petitioner, respondent and their respective counsel. As per the terms of the joint memo, the matter is settled for Rs.4,30,000/- including the amount in deposit deposited by the petitioner in a sum of Rs.1,75,000/-. The petitioner has agreed to pay balance amount of Rs.2,55,000/- in four installments as under: - 3 - HC-KAR NC: 2025:KHC:27345 CRL.RP No. 690 of 2025 a) Rs.1,50,000/- on or before 15.09.2025; b) Rs.35,000/- on or before 15.10.2025; c) Rs.35,000/- on or before 15.11.2025; and d) Rs.35,000/- on or before 15.12.2025. 3. It is agreed between the parties that if the petitioner fails to pay any of installments as noted supra, the sentence passed by the trial Court will revive and the petitioner is liable to pay the fine amount as ordered by the trial Court. The petitioner has no objection for respondent withdraw Rs.1,75,000/- deposited by the petitioner before the trial Court. 4. In view of above settlement, the offence under Section 138 of N.I.Act is compounded. If the petitioner fails to make payment of any of the installments as agreed, the sentence passed by the trial Court will revive. In view of compounding, the criminal revision petition is disposed as compounded. - 4 - HC-KAR NC: 2025:KHC:27345 CRL.RP No. 690 of 2025 5. Respondent is permitted to withdraw Rs.1,75,000/- deposited by the petitioner before the trial Court. Respondent shall furnish his bank account details to the trial Court so as to enable it to transfer the amount to his bank account directly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 40