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2026 DAILYLAW 22030 (KAR)

MAHADEVA B H v. CHANNABASAPPA

CRL.RP/1388/2024 · 2026-06-17

H P Sandesh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29622 CRL.RP No. 1388 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1388 OF 2024 BETWEEN: 1. MAHADEVA B.H., S/O HALAGACHARI AGED ABOUT 53 YEARS ASST. POSTAL MASTER VERETINARY HOSPITAL BACK BETTADAPURA VILLAGE PERIYAPATNA TALUK MYSURU DISTRICT-571 107. …PETITIONER (BY SRI. MAHADEVA SWAMY P., ADVOCATE) AND: 1. CHANNABASAPPA S/O LATE CHIKKAVEERAIAH AGED ABOUT 76 YEARS R/AT HITNEBAGILU VILLAGE RAVANDUR HOBLI PERIYAPATNA TALUJK MYSURU DISTRICT-571 107. …RESPONDENT (BY SRI. ROOPESHA B., ADVOCATE) THIS CRL.RP FILED UNDER SECTION 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT PASSED ON 05.08.2024 IN CRL.A.NO.43/2018 ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU SITTING AT HUNSUR, AND ACQUIT THE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29622 CRL.RP No. 1388 of 2024 APPELLANT/ACCUSED FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND ALSO JUDGEMENT PASSED ON 03.02.2018 IN CC.NO.36/2016 (CC.NO.16/2016) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Learned counsel for both the parties submit that matter is settled before the mediation under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 2. The parties have settled the matter for an amount of Rs.6,00,000/- and an amount of Rs.1,00,000/- is already in deposit before the Trial Court. In terms of the settlement before the mediation, an amount of Rs.5,00,000/- is payable to the respondent-complainant and the petitioner-accused has tendered the Demand Draft before this Court to the respondent-complainant. The respondent-complainant is also entitled for the amount which is already in deposit before the Trial Court i.e., an amount of Rs.1,00,000/-. - 3 - HC-KAR NC: 2026:KHC:29622 CRL.RP No. 1388 of 2024 3. The settlement has taken place for total amount of Rs.6,00,000/- as against the compensation awarded by the Trial Court for an amount of Rs.10,00,000/- and no recital in the memorandum of settlement for deposit of Rs.1,00,000/- before the Trial Court and the same is payable to the respondent-complainant. Hence, the respondent-complainant is permitted to withdraw the amount which is in deposit before the Trial Court and the petitioner has no objection to withdraw the amount and the Trial Court is directed to release the amount which is in deposit to the respondent-complainant on proper identification. 4. In view of the judgment of the Trial Court, an amount of Rs.10,000/- shall vest with the State and hence, revision petitioner to pay an amount of Rs.10,000/- within two weeks from today. 5. Learned counsel for the revision petitioner has filed an application under Section 147 of N.I. Act to acquit the petitioner and in view of settlement arrived between the parties, application is allowed and the petitioner is acquitted of - 4 - HC-KAR NC: 2026:KHC:29622 CRL.RP No. 1388 of 2024 the offence invoked against him, subject to depositing Rs.10,000/- before the Trial Court within Two weeks. In view of the settlement arrived between the parties, the revision petition is disposed of. The Registry is directed to send the records, forthwith. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 24