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2026 DAILYLAW 3017 (KAR)

SMT.SNEHA v. M/S. SAI JEEVAN FINANCE

CRL.RP/73/2026 · 2026-04-10

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20355 CRL.RP No. 73 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.73 OF 2026 (397(Cr.PC) / 438(BNSS)) BETWEEN: SMT.SNEHA D/O CHINNAPPA, AGED ABOUT 34 YEARS, R/AT NO.18, 2ND MAIN, 17TH CROSS, MUNESHWARA LAYOUT, NAGARABHAVI 2ND STAGE, BENGALURU-560072. …PETITIONER (BY SRI. MAHESH KUMAR K.M., ADVOCATE) AND: M/S. SAI JEEVAN FINANCE NO.26, E CROSS, BEHIND MINERVA MILL, GOPALPURA, BENGALURU-560023. REPRESENTED BY ITS PROPRIETOR R.MOHAN RAJ …RESPONDENT (BY SRI. SHARATH KUMAR SHETTY, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO A) SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 15.01.2021 PASSED BY THE IV ADDITIONAL AND ACMM, SMALL CAUSES COURT AT BENGALURU (SCCH-6) IN C.C. NO.4761/2018 AND ETC. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20355 CRL.RP No. 73 of 2026 THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Rs.1,50,000/- is tendered by petitioner to the learned counsel for the respondent. Same is acknowledged in the order sheet. 2. Learned counsel for the revision petitioner has filed the memo which reads as under: “The Petitioner and Respondent in the above case most respectfully submit as follows: 1. It is submitted that, the Respondent/Complainant had filed a complaint against the Petitioner/Accused for the offence punishable under Section 138 of N.I. Act. 2. It is submitted that, the Petitioner/accused was convicted by the IV Additional and ACMM Court, Small Causes Court at Bengaluru (SCCH-6) in C.C.No.4761/2018 dated 15.01.2021 for the offence punishable under Section 138 of Negotiable Instruments Act as follows: "The accused is sentenced to pay total fine amount of Rs.4,00,000/- (Rupees Four Lakhs Only). In default accused shall undergo simple imprisonment for 06 months". - 3 - HC-KAR NC: 2026:KHC:20355 CRL.RP No. 73 of 2026 3. The Petitioner/accused preferred an appeal before the Hon'ble LXIV Additional City Civil and Sessions Judge at Benglauru (CCH-65) in Criminal Appeal No.118/2023 under Section 374 (3)of Code of Criminal Procedure challenging the trial court Judgment, wherein the Sessions Court also dismissed the said appeal on 11.11.2025 and confirmed the Judgment passed by the trail court. 4. It is submitted that, thereafter the Petitioner/Accused preferred a Criminal Revision Petition under Section 397 R/w 401 of Cr.P.C., before this Hon'ble Court challenging the trail court order as well as Sessions Court order. 5. It is submitted that, on 23.01.2026 this Hon'ble Court was pleased to pass an order on I.A. No.02/2026 by suspending the sentence of the trail court and directed the petitioner/accused to deposit fine amount of 50% before the trail court which shall be inclusive of the amount already deposited. 6. It is submitted that, the Petitioner/Accused has already deposited 50% of fine amount i.e., Rs.2,00,000/- (Rupees Two Lakhs Only) before the trail court till date. 7. It is submitted that, as per the advice from elders and well-wishers the Petitioner and Respondent are entering in to compromise and amicable settlement to avoid differences and dispute between both the parties herein to lead a peaceful life without - 4 - HC-KAR NC: 2026:KHC:20355 CRL.RP No. 73 of 2026 misunderstanding and more particularly to have peace and tranquility between both sides and family members. 8. It is submitted that, the Petitioner/Accused has brought cash of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) and shall hand over the same to the Respondent/Complainant. It is further submitted that, for the remaining balance amount of Rs.50,000/- (Rupees Fifty Thousand only) the Petitioner/Accused is seeking end of june month of time to clear the balance amount to the Respondent /Complainant in the month end of June 2026. 9. It is submitted that, the Petitioner and Respondent are entering in to the joint memo with free will and consent without any force, threat or coercion or undue influence.” 3. Learned counsel for the respondent has signed the memo. 4. Placing the memo on record, revision petition stands disposed of. 5. The amount in deposit is ordered to be withdrawn by the complainant under due identification. - 5 - HC-KAR NC: 2026:KHC:20355 CRL.RP No. 73 of 2026 6. 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.: 57