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2026 DAILYLAW 14232 (KAR)

MR. SANTOSH KUMAR @ K.B. NANAIAH v. MR. S. SUBRAMANYA

CRL.RP/278/2023 · 2026-04-28

V Srishananda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:23778 CRL.RP No. 278 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 278 OF 2023 (397(Cr.PC) / 438(BNSS) BETWEEN: MR. SANTOSH KUMAR @ K.B. NANAIAH AGED ABOUT 44 YEARS S/O K. BASAPPA, R/O 1890 E BLOCK, 13th MAIN 3rd STAGE, VIJAYANAGAR 5th CROSS, NHB COLONY MYSURU - 570 017. …PETITIONER (BY SRI K.R. KRISHNAMURTHY, ADV.) AND: MR. S. SUBRAMANYA S/O LATE SRIKANTAMURTHY AGED ABOUT 44 YEARS R/O 132, 4th CROSS E AND F BLCOK RAMA KRISHNA NAGAR MYSURU - 570 017. …RESPONDENT (BY SRI B.P. HONAKHANDE, ADV.) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 10.02.2023 PASSED IN CRL.A.NO.236/2022 CONFIRMING THE JUDGEMENT DATED 21.07.2022 PASSED IN CRIMINAL CASE NO.652/2016 ON THE FILE OF IV JMFC COURT AT MYSORE AND PASS AN ORDER OF ACQUITTAL BY ALLOWING THIS REVISION PETITION. THIS PETITION, COMING ON FOR REPORTING THE SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23778 CRL.RP No. 278 of 2023 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. The joint memo filed is signed by the parties and their respective advocates. 2. The content of the joint memo reads as under :- "JOINT MEMO The Petitioner/ Accused and the Respondent/Complainant above named most respectfully submits as follows- a. The above Criminal Revision Petition arises out of the judgement of conviction and sentence passed in C.C. No. 652/2016 2016 by the IV JMFC, Mysuru, which was subsequently confirmed in Appeal in Crl.A.No.236/2022 by the III Additional Sessions Judge, Mysuru. b. During the pendency of the present Criminal Revision Petition, due to the intervention of well wishers, the parties have amicably settled the dispute amongst themselves without any coercion, undue influence or pressure. c. It is submitted that, pursuant to the order passed by this Hon'ble Court dated 15.03.2023, and in addition to the amount already deposited before the trial Court at the - 3 - HC-KAR NC: 2026:KHC:23778 CRL.RP No. 278 of 2023 time of filling the appeal, the Petitioner/ Accused has in total deposited a sum of Rs. 3,02,500/-(Rupees Three Lakhs Two Thousand Five Hundred Only). d. The Respondent/Complainant has agreed to receive the amount deposited before the Trial Court as full and final settlement of all claims arising out of the present proceedings, and the Petitioner/Accused has no objection to the Respondent/Complainant withdrawing the said amount before the Trial Court. e. The Respondent/Complainant further submits that he does not have any further claims, demands or dispute whatsoever against the Petitioner/Accused in respect of the said transaction and the cheque forming subject matter of the Complaint. f. In view of the settlement arrived at between the parties, this Hon'ble Court may be pleased to allow the present Criminal Revision Petition, set aside the judgment and order dated 10.02.2023 passed in Crl.A. No. 236/2022, and consequently acquit the Petitioner/Accused, in terms of this Joint Memo and in the interest of justice. WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to take the present Joint Memo on record, permit - 4 - HC-KAR NC: 2026:KHC:23778 CRL.RP No. 278 of 2023 compounding of the offence, and consequently allow the above Criminal Revision Petition, set aside the judgment and order dated 10.02.2023 passed in Crl.A. No. 236/2022, and acquit the Petitioner/Accused, in the interest of justice and equity". 3. Placing the joint memo on record, petition stands disposed of. 4. The amount in deposit is ordered to be withdrawn by the complainant, under due identification. 5. It is made clear that, if the balance amount of compensation as agreed in the joint memo is not paid, the petitioner shall undergo imprisonment as ordered by the learned Magistrate confirmed by the First Appellate Court. Sd/- (V SRISHANANDA) JUDGE NMS List No.: 2 Sl No.: 50