- 1 - HC-KAR NC: 2026:KHC:18631 CRL.RP No. 385 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 385 OF 2026 BETWEEN: KADYAMADA P NAANJAPPA, S/O LATE PONNAPPA, NOW AGED ABOUT 75 YEARS, R/AT ARUVATHOKLU VILLAGE AND POST, PONNAMPET TALUK, KODAGU DISTRICT - 571 216. …PETITIONER (BY SRI. K.A. CHANDRASHEKARA, ADVOCATE) AND: KOTTANGADA K. JOYAPPA S/O LATE KARUMBAIAH, NOW AGED ABOUT 74 YEARS, R/AT BALYAMANDOOR VILLAGE, PONNAMPET TALUK, KODAGU DISTRICT - 571 216. …RESPONDENT (BY SRI. HARSHA G, ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 13.06.2024 PASSED BY THE LD CIVIL JUDGE AND JMFC PONNAMPET IN CC NO .290/2020 AND MODIFIED BY THE LD II ADDL.DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18631 CRL.RP No. 385 of 2026 SITTING AT VIRAJPET IN CRL.A NO.5307/2024 DATED 04.02.2026 AND ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. After addressing the arguments for some time, learned counsel for the petitioner has filed a memo. The content of the memo reads as under; "01. The above petition was filed by the petitioner herein praying this Hon'ble court be pleased to set aside the judgment and order dated 13/06/2024 passed by the Learned Civil Judge and J.M.F.C., Ponnampet in C.C.No.290/2020 and modified by the learned II Addl. District and Sessions Judge, Kodagu- Madikeri sitting at Virajpet in Crl.Appeal. No.5037/2024 dated 04/02/2026 and acquit him for the offence punishable under section 138 of N.I. Act. 02. Cheque amount in this case is Rs 11,05,000/-. During pendency of the trial of the case an amount of Rs 25,000/-was paid as indicated in para No 26 of the Judgement of the Hon'ble trial court. In compliance of the order passed on an application - 3 - HC-KAR NC: 2026:KHC:18631 CRL.RP No. 385 of 2026 filed for suspension оf sentence to amount of Rs 5,37,000/- was deposited before the Hon'ble trial court 03. The petitioner hereby undertakes to pay/deposit the balance amount of Rs 5,33,000/-(Rupees Five lakh Thirty three thousand only] in favor of the complainant/respondent as ordered on or before 30/09/2026 without fail. Hence necessary orders may be passed in this regard to meet the ends of justice." 2. Placing the memo on record, the petition stands disposed of. 3. The amount in deposit is ordered to be withdrawn by the complainant under due identification. 4. It is made clear that if the compensation amount as agreed in the memo is not paid by the petitioner, he shall undergo imprisonment as ordered by the Trial Magistrate modified by the First Appellate Court. 5. After payment of the entire compensation amount, a sum of Rs.10,000/- imposed by the Trial Magistrate - 4 - HC-KAR NC: 2026:KHC:18631 CRL.RP No. 385 of 2026 confirmed by the First Appellate Court towards defraying expenses of the State stands set aside. Sd/- (V SRISHANANDA) JUDGE GH List No.: 1 Sl No.: 53