Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010130492022 NC: 2026:KHC:37396 CRL.RP No. 441 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.441 OF 2022 BETWEEN:
1.
SMT. JAYANTHI W/O YOGISH AGED ABOUT 52 YEARS PROPRIETOR OF SRI DURGA TRADERS JAMES COMPUND, KODAVOORU, UDUPI DO GIRIJA POOJARTHI W/O YOGESH R/O SANNIDHI, KOPPALATHOTA KODAVOOR WARD UDUPI TALUK AND DISTRICT-576 106. …PETITIONER
(BY SRI. GANESHA R.,ADVOCATE) AND:
1.
M/S. SHREE MAHALAS TRADERS MAHALASA KRIPA SANYASIMUTT ROAD PADUTHONSE, KEMMANNU POST UDUPI TALUK, REPRESENTED BY ITS PROPRIETOR MR. AJITH PAI S/O LATE T. GOVINDARAYA PAI AGED ABOUT 42 YEARS R/AT NARAYANI SANYASIMUTT ROAD PADUTHONSE, KEMMANNU POST UDUPI TALUK DISTRICT-576 101. …RESPONDENT
(BY SRI. MOHANKUMARA D., ADVOCATE)
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010130492022 NC: 2026:KHC:37396 CRL.RP No. 441 of 2022
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 28.01.2022 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, UDUPI IN CRL.A.NO.1/2018 WHEREBY CONFIRMED THE
JUDGMENT AND ORDER OF CONVICTION DATED 18.12.2017 PASSED BY THE COURT OF THE III ADDL. CIVIL JUDGE AND JMFC, UDUPI IN C.C.NO.2283/2013 AND TO ACQUIT THE ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I ACT BY DISMISSING THE COMPLAINT FILED BY THE RESPONDENT IN C.C.NO.2283/2013 ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC, UDUPI.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER Both the complainant and accused are present before the Court along with their respective counsel.
2. Both the parties have filed the joint memo. In terms of the joint memo, matter is settled for an amount of Rs.15,00,000/-. The petitioner has already paid an amount of Rs.10,00,000/- to the respondent-complainant by account transfer and the respondent-complainant has acknowledged the same.
3. The petitioner has also deposited an amount of Rs.2,00,000/- before the Trial Court and same is also
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HC-KAR
CNR: KAHC010130492022 NC: 2026:KHC:37396 CRL.RP No. 441 of 2022
withdrawn by the respondent-complainant. The balance amount of Rs.3,00,000 is payable to the respondent-complainant and the petitioner has agreed to pay the said amount on or before
21.10.2026. If the petitioner fails to pay the amount within the said period, the respondent-complainant is at liberty to take necessary legal action against the petitioner as per law. The parties have also understood the terms of compromise and complainant-respondent, who is present before the Court also confirms the settlement and receipt of amount of Rs.10,00,000/- and Rs.2,00,000/- and he is yet to receive only remaining amount of Rs.3,00,000/- as per the joint memo.
4. The petitioner is also directed to pay the amount of Rs.5,000/- as ordered by the Trial Court within 2 weeks from today which shall vest with the State and produce the receipt for having paid the amount within 1 week thereafter. If the said amount is not paid and receipt is not produced in the Registry, list the matter before this Court on 11.08.2026. Accordingly, the revision petition is disposed of. The revision petitioner is acquitted for the offence under Section
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HC-KAR
CNR: KAHC010130492022 NC: 2026:KHC:37396 CRL.RP No. 441 of 2022
138 of N.I. Act, subject to payment of Rs.3,00,000/- as undertaken in the joint memo. Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 19