Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:19141 CRL.RP No. 1256 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.1256 OF 2025 (397(Cr.PC) / 438(BNSS) BETWEEN:
SMT RATHNAMMA W/O LATE JAYANANDA AGED ABOUT 40 YEARS, R/AT No.212, 4TH CROSS, IVARAKANDAPURA T B LAKE POST, HESARAGHHATTA ALSO AT SM.RATHNAMMA MESSENGER OFFICE OF THE ADMN IIHR, HESARGHATTA, BENGALURU - 560 024 …PETITIONER (BY SMT SUDHA G, ADVOCATE) AND:
SRI GIRISH S/O LATE RANGAHANUMAIAH AGED ABOUT 42 YEARS, R/O NO. E 203, HENNUR GUNDUTHOPU, H.B R LAYOUT, 4TH BLOCK, KALYANAGARA POST, BENGALURU - 560 043 …RESPONDENT (BY SRI T.V.SATHISH, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE
Digitally signed by R MANJUNATHA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:19141 CRL.RP No. 1256 of 2025
PRAYING TO SET ASIDE THE JUDGMENT CONVICTION AND SENTENCE PASSED BY THE LEARNED XIV ADDL.CMM, BENGALURU IN CC No.51362/2021 DATED 24.04.2023 CONVICTING THE APPELLANT FOR AN OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND SENTENCING HIM TO PAY A FINE OF RS.18,25,000/- AND IN DEFAULT TO UNDERGO S.I FOR SIX (6) MONTHS AND SET ASIDE THE JUDGMENT PASSED BY THE LXXII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-73) IN CRL.APPEAL No.25146/2023 DATED 11.03.2025 CONFIRMING THE TRIAL COURT JUDGMENT BY ALLOWING THE ABOVE APPEAL.
THIS PETITION, COMING ON FOR REPORT SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
Joint memo is filed signed by the parties and their respective advocates.
2. Contents of the joint memo reads as under:
“The petitioner and the respondent most respectfully submits that:
1. The above petition filed by the petitioner challenging the judgment passed by the Hon'ble XIV ACMM in CC No.51362/2021, dtd. 24.04.2023 and confirming the
order passed by the Hon'ble Bengaluru City Civil and Session Judge (CCH-73) in Appeal No.25146/2023.
2. It is submitted that, by interfering of this Hon'ble Court both side Advocates and well-wishers in the
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HC-KAR NC: 2026:KHC:19141 CRL.RP No. 1256 of 2025
above matter is settled amicably as per below mentioned terms and conditions.
TERMS AND CONDITIONS:
1. The petitioner hereby agreed to pay Rs. 13,00,000/- as full and final settlement of the above disputes. The respondent also agreed the same. Out of Rs.13,00,000/- the petitioner already deposited a sum of Rs.7,25,000/-before the Trial Court and Appellant Court.
Out of Rs.7,25,000/- the respondent already collected a sum of Rs.3,60,000/- and remaining Rs.3,65,000/- is deposited by the responded before the Trial Court. The petitioner is not having any objection to withdraw the said amount deposited before lower court.
2. Remaining Rs.5,75,000/ the petitioner herewith producing 4 post dated cheques to the Respondent. And respondent also accepted the said cheques:
CHEQUE DETAILS (1) Bearing No.990037, dtd. 15.06.2026, drawn on State Bank of India, IIHR Compus, Hesaragatta for payment of Rs.1,58,000/- (2) Bearing No.990038, dtd. 15.08.2026, drawn on State Bank of India, IIHR Compus, Hesaragatta for payment of Rs.1,58,000/- (3) Bearing No.990039, dtd. 15.10.2026, drawn State Bank of India, IIHR Compus, Hesaragatta for payment of Rs.1,59,000/-
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HC-KAR NC: 2026:KHC:19141 CRL.RP No. 1256 of 2025
(4) Bearing No.990041, dtd. 15.01.2027, drawn on State Bank of India, IIHR Compus, Hesaragatta for payment of Rs.1,00,000/-
3. The petitioner herewith agreed that in the event any one of the cheque dis-honored in any manner the original order passed by the XIV ACMM court in CC No.51362/2021 will be finalized.
4. This is the full and final settlement between the both petitioner and respondent and there is no dispute or any monitory transactions between the both parties. WHEREFORE, the petitioner and the respondent most respectfully prays that this Hon'ble Court may be please to accept this Joint Memo and pass an appropriate order, in the interest of justice and equity.”
3. Pursuant to the joint memo post dated cheques are also handed over to the counsel for respondent by the counsel for petitioner.
4. Parties present before the Court. They admit that there is no force, undue influence or coercion in reaching out the terms of settlement.
5. Accordingly, the following:
ORDER (i) Placing the joint memo on record petition stands
disposed of.
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HC-KAR NC: 2026:KHC:19141 CRL.RP No. 1256 of 2025
(ii) Amount in deposit is ordered to be withdrawn by the complainant under due identification. (iii) It is made clear that if any one of the instalment of the compensation amount as agreed in the joint memo is not paid, petitioner shall Undergo imprisonment as ordered by the learned Trial Magistrate, confirmed by the First Appellate Court. (iv) After payment of the entire compensation amount, sum Rs.5,000/- imposed towards the defraying expenses of the State stands set aside.
Sd/- (V SRISHANANDA) JUDGE
MR List No.: 2 Sl No.: 66