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2026 DAILYLAW 31656 (KAR)

SMT THIMMAKKA v. SMT SUDHA

CRL.RP/566/2026 · 2026-07-29

H P Sandesh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010237712026 NC: 2026:KHC:39459 CRL.RP No. 566 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.566 OF 2026 BETWEEN: 1. SMT. THIMMAKKA W/O SRI CHANDRA REDDY AGED ABOUT 54 YEARS R/AT NO.105, NEAR ESHWARA TEMPLE NERIGA VILLAGE AND POST SARJAPURA HOBLI, ANEKAL TALUK BENGALURU-562 125. …PETITIONER (BY SRI. RAMESH BABU R., ADVOCATE) AND: 1. SMT. SUDHA W/O SRI NARASIMHAMURTHY K AGED ABOUT 45 YEARS R/AT NERIGA VILLAGE AND POST SARJAPURA HOBLI, ANEKAL TALUK BENGALURU-562 125. …RESPONDENT (BY SRI. K.A. CHANDRASHEKARA, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE LEARNED II A.C.J.M, BENGALURU RURAL AT BENGALURU, IN C.C.NO.29663/2021 DATED 12.05.2025 FOR THE OFFENCE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010237712026 NC: 2026:KHC:39459 CRL.RP No. 566 of 2026 PUNISHABLE UNDER SECTION 138 OF THE N.I ACT WHICH IS CONFIRMED IN THE CRL.A.NO.67/2025 ON 31.01.2026 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER The parties have filed the memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 on 23.07.2026 before the Karnataka Mediation Center. 2. In view of the settlement arrived between the parties, the accused has agreed to pay a total sum of Rs.9,60,000/- towards full and final settlement and the complainant agrees for the same. Out of the said amount, accused has no objection for withdrawal of the amount of Rs.5,60,000 which is in deposit. The remaining balance amount of Rs.4,00,000/- will be paid in two installments by way of online transfer/demand draft i.e., each installment amount of Rs.2,00,000/- is payable on 15.09.2026 and 15.10.2026. The complainant also agrees for the same. - 3 - HC-KAR CNR: KAHC010237712026 NC: 2026:KHC:39459 CRL.RP No. 566 of 2026 3. In case of default in payment as agreed above by the petitioner/accused to the respondent/complainant, then the agreement shall be cancelled and the parties agree that matter may be dealt with in accordance with the judgment of the Trial Court. 4. In view of the settlement arrived between the parties, this revision petition is disposed of. The accused is acquitted for the offence punishable under Section 138 of N.I. Act, subject to payment as undertaken in paragraph No.III (3) of the agreement between the parties. 5. The petitioner also to pay the amount of Rs.10,000/- as imposed by the Trial Court which shall vest with the State within two weeks and produce the receipt for having paid the amount of Rs.10,000/- in the Registry within one week after payment and if the same is not produced, list this matter before the Court on 19.08.2026. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 36