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2026 DAILYLAW 10700 (KAR)

BASAVARAJ v. KUMAR

CRL.RP/272/2023 · 2026-04-27

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24030 CRL.RP No. 272 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 272 OF 2023 BETWEEN: BASAVARAJU, S/O LATE MADAIAH, AGED ABOUT 31 YEARS, R/O BOMMENAHALLI VILLAGE, YELAWALA HOBLI, MYSORE TALUK - 571 130. …PETITIONER (BY SRI. PRAKASH H.C., ADVOCATE FOR SRI.MOHAN B.K., ADVOCATE) AND: KUMAR, S/O LATE PUTTAMADAIAH, AGED 41 YEARS, RESIDENT OF BOMANAHALLI VILLAGE, YELAWALA HOBLI, MYSORE TALUK - 571 130. …RESPONDENT (BY SMT.SUCHITRA, ADVCOATE FOR SRI. RUPESH KUMAR S., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 31.01.2023 PASSED BY THE HONBLE VI ADDITIONAL DISTRICT AND SESSION JUDGE, MYSORE IN CRL.A.NO.187/2022 AND THE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24030 CRL.RP No. 272 of 2023 JUDGMENT DATED 14.06.2022 PASSED BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, MYSORE C.C. NO.2219/2016. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. A joint memo is filed by the learned counsel for both the parties. Contents of joint memo reads as under: "A The parties above named most humbly submit and pray as hereunder: (1) It is submitted that the parties to the petition have settled the dispute amicably and filing the present joint memo. (2) It is submitted that the petitioner herein has been convicted for the offence punishable under SEction 138 of N.I. act and has been directed to pay a sum of Rs.2,00,000/- as fine and the cheque amount being Rss.1,80,000/-. (3) The petitioner has agreed to pay a sum of Rs.1,80,000/- towards the settlement and that a sum of Rs.1,00,000/- is already deposited before the Trial Court and the Respondent may withdraw the same amount. The - 3 - HC-KAR NC: 2026:KHC:24030 CRL.RP No. 272 of 2023 balance of Rs.80,000/- is paid today by way of cash. The Respondent has agreed for the above settlement. Wherefore in view of the settlement arrived between the parties the Hon'ble Court be pleased to set- aside the judgment of conviction passed by the Courts below in the interest of justice and equity." 2. A sum of Rs.80,000/- is tendered by the petitioner to the counsel for respondent, same is acknowledged in the order sheet. 3. Amount in deposit is ordered to be withdrawn by the complainant under due identification. 4. With that observations, petition stands disposed off as full and final settlement between the parties. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 19