- 1 - HC-KAR NC: 2026:KHC:15740 CRL.RP No. 385 of 2017 C/W CRL.P No. 5104 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 385 OF 2017 C/W CRIMINAL PETITION NO. 5104 OF 2017 IN CRL.RP No. 385/2017: BETWEEN: SRI. S. PRAKASHA AGED ABOUT 53 YEARS, SON OF LATE SATHYAPPA, RESIDENT OF OPP. BHARATH GAS, RAILWAY STATION ROAD, BIRUR TOWN, KADUR TALUK. …PETITIONER (BY SRI. SREEKANTHA K.S., ADVOCATE) AND: SRI. K. MYLARI RAO AGED ABOUT 83 YEARS SON OF LATE KANDAPPA, RESIDENT OF LAKSHMISHA NAGAR ROAD, 2ND CROSS, KADUR TOWN, KADUR TALUK, CHIKKAMAGALURU DISTRICT. DEAD BY LRS K.M.PRASHANTH S/O LATE K. MYLARI RAO, AGED ABOUT 64 YEARS, ADVOCATE, SAMPIGEKATTE ROAD, MUDIGERE, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15740 CRL.RP No. 385 of 2017 C/W CRL.P No. 5104 of 2017 CHICKMAGALUR DISTRICT. AMENDMENT CARRIED OUT AS PER THE COURT ORDER DATED 10.03.2026 …RESPONDENT (BY SRI. SUYOG HERELE E., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 16.12.2016 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.NO.124/2014 AND CONSEQUENTLY SET ASIDE THE JUDGMENT OF CONVICTION DATED 09.09.2014 PASSED BY THE CIVIL JUDGE AND J.M.F.C., KADUR IN C.C.NO.183/2013 BY ALLOWING THE CRL.R.P. IN CRL.P NO. 5104/2017 BETWEEN: SRI. K. MYLARI RAO S/O LATE KANDAPPA, AGED ABOUT 83 YEARS RESIDING OF LAKSHMISHA NAGARA ROAD, 2ND CROSS, KADUR TOWN, KADUR TALUK, CHIKMAGALURU DISTRICT, PIN-577548 DEAD BY LRS K.M.PRASHANTH S/O LATE K. MYLARI RAO, AGED ABOUT 64 YEARS, ADVOCATE, SAMPIGEKATTE ROAD, MUDIGERE, CHICKMAGALUR DISTRICT. AMENDMENT AS PER THE ORDER DATED 10.03.2026 ...PETITIONER - 3 - HC-KAR NC: 2026:KHC:15740 CRL.RP No. 385 of 2017 C/W CRL.P No. 5104 of 2017 (BY SRI. SUYOG HERELE E., ADVOCATE) AND: SRI. S. PRAKASHA S/O LATE SATHYAPPA AGED ABOUT 41 YEARS OPP: BHARATH GAS AGENCY RAILWAY STATION ROAD BIRUR TOWN, KADUR TALUK CHIKMAGALURU DISTRICT PIN-577116 ...RESPONDENT (BY SRI. K.S. SREEKANTHA, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 16.12.2016 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.R.P.NO.302/2014 AND MODIFY THE JUDGMENT AND ORDER DATED 09.09.2014 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., KADUR IN C.C.NO.183/2013 THEREBY ENHANCING THE SENTENCE OF IMPRISONMENT, FINE AND IMPOSE THE TWICE THE CHEQUE AMOUNT AND TO AWARD COMPENSATION TO THE PETITIONER BY EXERCISING POWER U/S 357 OF CR.P.C. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 4 - HC-KAR NC: 2026:KHC:15740 CRL.RP No. 385 of 2017 C/W CRL.P No. 5104 of 2017 ORAL ORDER In Crl.R.P No.385/2017, the petitioner has called in question the judgment of conviction dated 09.09.2014 passed by the Principal Civil Judge and JMFC, Kadur in C.C No.183/2013 as well as the judgment dated 16.12.2016 passed by the Principal District and Sessions Judge, Chikkamagaluru in Crl.A No.124/2014. 2. In Crl.P No.5104/2017, the petitioner has challenged an order dated 16.12.2016 passed by the Principal District and Sessions Judge at Chikkamagaluru in Crl.R.P No.302/2014. 3. A private complaint filed by the petitioner in Crl.P No.5104/2017 resulted in conviction of the accused for the offence punishable under Section 138 of Negotiable Instruments Act and the accused/petitioner in Crl.R.P No.385/2017 was sentenced to pay fine of Rs.70,000/-. 4. During the pendency of Crl.R.P No.385/2017, the petitioner has deposited the entire cheque amount. In view of the aforesaid, the petitioner in Crl.P No.5104/2017 is not - 5 - HC-KAR NC: 2026:KHC:15740 CRL.RP No. 385 of 2017 C/W CRL.P No. 5104 of 2017 interested to pursue this petition and submits that he would be satisfied if the amount deposited by the petitioner in Crl.R.P No.385/2017 is released. 5. Learned counsel for the petitioner in Crl.R.P No.385/2017 has no objection to release the amount deposited. 6. In view of the aforesaid submission, Crl.R.P No.385/2017 is dismissed. Similary, Crl.P No.5104/2017 is dismissed. 7. The amount deposited in Crl.R.P No.385/2017 is ordered to be released to the respondent in Crl.R.P No.385/2017 towards full and final settlement of all claims of the complainant in C.C No.183/2013 on the file of the Principal Civil Judge and JMFC, Kadur. Sd/- (R. NATARAJ) JUDGE UN List No.: 1 Sl No.: 3