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2026 DAILYLAW 2502 (KAR)

SMT KOMALA v. SRI BYREGOWDA

CRL.RP/233/2026 · 2026-04-08

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19519 CRL.RP No. 233 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.233 OF 2026 (397(Cr.PC) / 438(BNSS) BETWEEN: SMT KOMALA W/O LATE GIRISH, AGED ABOUT 45 YEARS, R/AT MULLUR FARM HOUSE, GOPALAPURA VILLAGE, JAYAPURA HOBLI, MYSURU-570 008 …PETITIONER (BY SRI. HEMANTH KUMAR K, ADVOCATE) AND: SRI BYREGOWDA S/O LATE KEMPEGOWDA, AGED ABOUT 57 YEARS, R/AT SAHUKAR HUNDI VILLAGE AND MANTIKYATHANAHALLI, YELWALA HOBLI, MYSURU -571130 …RESPONDENT (BY SRI. CHETHAN M, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENTS AND SENTENCE DTD 04.08.2025 IN C.C.NO.1276/2024 PASSED BY THE V JUDICIAL MAGISTRATE, AT MYSURU CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT AND THE CONFIRMING JUDGMENT IN CRL.A.NO.309/2025 PASSED BY THE I ADDL. CITY CIVIL AND SESSIONS JUDGE, AT MYSURU DATED Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19519 CRL.RP No. 233 of 2026 07.01.2026 AND ACQUIT THE PETITIONER IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Joint memo signed by the learned counsel for the petitioner and respondent is filed, which reads as under: “The petitioner and the respondent respectfully submit as follows: 1. The respondent/complainant filed a case under Section 138 of the N.I.Act against the petitioner/accused regarding a cheque for Rs.5,50,000/-. The petitioner was convicted by the Trial Court and the subsequent appeal was dismissed. 2. During the pendency of this Revision Petition, both parties have mutually agreed to settle the matter for a total sum of Rs.5,00,000/- (five lakh rupees) as full and final settlement. 3. The settlement amount is to be paid as per the following schedule. • Rs.1,12,000/- already deposited by the petitioner in the Trial Court/Sessions Court, the petitioner - 3 - HC-KAR NC: 2026:KHC:19519 CRL.RP No. 233 of 2026 has no objection to the respondent withdrawing this amount. • Rs.1,50,000/- paid by the petitioner to the respondent on this day , first day of Trial Court. • Rs.1,19,000/- to be paid on or before 15.05.2026 before the Trial Court. • Rs.1,19,000/- to be paid on or before 01.07.2026 before the Trial Court. 4. The petitioner/accused agrees that if there is any default in the remaining payments, the respondent/ complainant is entitled to take legal action for recovery and the original conviction shall be liable to be restored. 5. In view of this settlement, the respondent has no objection to compounding the offence under Section 147 of the N.I.Act and setting aside the judgment of conviction. WHEREFORE, the parties pray that this Hon’ble Court be pleased to dispose of this revision petition in terms of this Joint Memo, in the interest of justice.” 2. Placing the memo on record, revision petition stands disposed of. - 4 - HC-KAR NC: 2026:KHC:19519 CRL.RP No. 233 of 2026 3. The amount in deposit is ordered to be withdrawn by the complainant under due identification, if not already withdrawn. 4. It is made clear that, if the amount as agreed in the memo is not paid, revision petitioner shall undergo imprisonment as ordered by the learned Trial Magistrate confirmed by the learned Judge in the First Appellate Court. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 55