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2025 DAILYLAW 91960 (KAR)

SRI D M MUNIRAJAPPA v. SRI B N SUDHAKAR REDDY

CRL.RP/468/2025 · 2025-08-20

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32461 CRL.RP No. 468 of 2025 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. 468 OF 2025 BETWEEN: 1. SRI. D.M. MUNIRAJAPPA S/O MUNIYAPPA AGED ABOUT 45 YEARS RESIDING AT NO.37, 1ST MAIN 3RD CROSS, HOYSALA LAYOUT AMRUTHAHALLI, S.K. NAGAR POST BENGALURU-560 092 2. SMT. JAYAMMA W/O LATE MUNIYAPPA AGED ABOUT 60 YEARS RESIDING AT NO.148, RENUKAMMA ROAD KALKERE VILLAGE, HORAMAVU POST K.R. PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 083 …PETITIONERS (BY SRI. ANAND R.V, ADVOCATE) AND: SRI. B.N. SUDHAKAR REDDY Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32461 CRL.RP No. 468 of 2025 S/O SRI. NAGAREDDY AGED ABOUT 36 YEARS RESIDENT OF BYRATHI VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU-560 077 …RESPONDENT (BY SRI. SRINIVAS V., ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE JUDGEMENT, ORDER AND CONVICTION DTD 19.02.2024 PASSED BY THE XIV ACMM COURT, MAYO HALL UNIT, BENGALURU, IN CC.NO.50476/2019 AND ALSO SET ASIDE THE JUDGEMENT DTD 20.01.2025 PASSED IN CRL.A.NO.25112/2024, ON THE FILE OF THE HON'BLE LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ALLOW THE RP AND ACQUIT THE PETITIONER, FOR THE OFFENCE P/U/S 138 OF N.I ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2025:KHC:32461 CRL.RP No. 468 of 2025 ORAL ORDER This Criminal Revision Petition is filed challenging the concurrent finding in respect of the offence punishable under Section 138 of Negotiable Instruments Act, 1881. 2. The petitioners/accused are sentenced to pay a fine of Rs.2,45,00,000/-. In the event of default of payment of fine amount, petitioners/accused are directed to undergo imprisonment for a period of six months. 3. The Appeal filed by the accused is dismissed. Hence, the present petition is filed by the petitioners/ accused. 4. Learned counsel appearing for the petitioners and the learned counsel appearing for the respondent are present. Petitioners and respondent are also present before the Court. 5. An application is filed under Section 320(2) of the Code of Criminal Procedure read with Section of 147 of Negotiable Instruments Act, 1881. Application is signed by - 4 - HC-KAR NC: 2025:KHC:32461 CRL.RP No. 468 of 2025 the learned counsel appearing for both sides and also by the petitioners and the respondent. 6. In paragraph No.3 of the said application, it is stated that petitioners/accused have paid a sum of Rs.35,00,000/- through five Demand Drafts. The respondent acknowledges the receipt of five Demand Drafts totaling to Rs.35,00,000/-. 7. It is also agreed by the petitioners that the suit filed by petitioner No.2 herein in O.S.No.1906/2022 and O.S.No.1907/2022 on the file of Principal Senior Civil Judge, Bangalore Rural district will not be pressed as the claim made in the said suit is adjusted in the present petition. 8. The respondent who is present before this Court submits that he has voluntarily entered into settlement arrived at. 9. Application is taken on record and same is allowed. 10. Hence, the following: - 5 - HC-KAR NC: 2025:KHC:32461 CRL.RP No. 468 of 2025 ORDER (i) The Criminal Revision Petition is allowed in terms of settlement. (ii) The impugned judgment dated 20.01.2025 in Crl. Appeal No.25112/2024 on the file of LXXII Additional City Civil & Sessions Judge, Mayo Hall, Bengaluru and the judgment dated 19.02.2024 in C.C.No.50476/2019 on the file of XIV Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru are set - aside. (iii) The petitioners/accused are acquitted. (iv) Bail bond if any, stands cancelled. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 1