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2026 DAILYLAW 3196 (KAR)

MR K M HARISH v. M/S MAHENDRA APPERALS

CRL.RP/1025/2018 · 2026-04-09

V Srishananda

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19963 CRL.RP No. 1025 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1025 OF 2018 (397(Cr.PC) / 438(BNSS)) BETWEEN: 1. MR K.M. HARISH AGED ABOUT 44 YEARS, M/S. S & S CREATIONS, SHOP NO. 03, SRIRAMA COMPLEX, CLUB ROAD, SOMAWARPET-571236, NORTH COORG DISTRICT, KARNATAKA 2. SMT. MADHU HARISH W/O. SRI. K.M.HARISH, AGED ABOUT 38 YEARS, AUTHORISED SIGNATORY OF M/S S.S.CREATIONS, SHOP NO.03, SRIRAMA COMPLEX, CLUB ROAD, SOMWARPET-571 236 NORTH COORG DISTRICT, KARNATAKA …PETITIONERS (BY SRI. MUDDURAJ C., ADVOCATE) AND: M/S MAHENDRA APPERALS NO. 42, 1ST FLOOR, N.S.PLAZA, GK TEMPLE STREET, OPPOSITE VIJAYALAKSHMI THEATRE, CHICKPET CROSS, BENGALURU-560053. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19963 CRL.RP No. 1025 of 2018 REP. BY ITS PROPREITOR, MR. K.BABULAL K JAIN, S/O. SRI. KAPOORCHANDJI JAIN, AGED 53 YEARS, NOW REP. BY HIS, AUTHORISED LETTER OF AUTHORITY HOLDER, MR. D. SUKRAJ BHANDARI JAIN, S/O. LATE. K. DHANAJI BHANDARI JAIN, AGE 57 YEARS, LAKSHMI NILAYA , 2ND FLOOR, NO. 64/1, MODEL HOUSE STREET, BASAVANGUDI, BENGALURU-560004. …RESPONDENT (BY SRI. MURGESH SHETTAR, ADVOCATE - ABSENT) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT CONFIRMING THE CONVICTION AND SENTENCE DATED 28.06.2017, PASSED BY THE LEARNED XXV ACMM, BENGALURU, IN C.C.NO.7331/2013 BY THE ORDER DATED 20.07.2018, PASSED BY THE LEARNED LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-53) AT BENGALURU IN CRL.A.NO.1032/2017 IN ANNEXURE-A AND CONSEQUENTIAL ACQUIT THE PETITIONERS/ACCUSED BY ALLOWING THIS ABOVE APPEAL. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2026:KHC:19963 CRL.RP No. 1025 of 2018 ORAL ORDER Revision petitioner/accused No.1 is present. On behalf of the respondent, the proprietor of M/s. Mahendra Apperals, Sri Babulal K.Jain is present. Sri Murgesh Shettar, counsel for respondent is absent. 2. Matter is amicably settled between the parties and a joint memo is filed signed by the revision petitioner No.1 and the proprietors of M/s. Mahendra Apparels - Sri Babulal K.Jain. 3. Contents of the joint memo reads as under: “The Petitioners and the Respondent above named most humbly submits as follows:- 1. That the Petitioners and the Respondent have come to a compromise and have settled the issued amicably with the following terms and conditions stated in this Joint Memo. 2. The Petitioner and the respondent in the above case have come to a conclusion that they are intending to compromise the case on the following terms: 3. That the petitioners is liable to pay Rs.80,000/- (Rupees Eighty Thousand Only) to the Respondent by way of account transfer within 10 days from today, i.e., on or before 18.04.2026. - 4 - HC-KAR NC: 2026:KHC:19963 CRL.RP No. 1025 of 2018 4. That the petitioners will be withdrawing total 50% deposit amount paid towards compliance of the order of the First Appellate Court in Crl. A.1032/2017 and in the above matter in Crl. R.P. 1025/2018, as per the order of this Hon'ble Court Hon'ble Court, deposited before the trial court, after payment of Rs.80,000/- (Rupees Eighty Thousand Only) as agreed within 10 days. 5. It is submitted that the Petitioners and the Respondent have agreed to the said arrangement without any influence or coercion and submits that the matter is settled between the Petitioners and the Respondent with their free will as agreed above and hence this Joint Memo. Wherefore it is prayed that this Hon'ble court be pleased to consider the matter settled as agreed in the said Joint Memo and dispose the matter accordingly in the interest of justice.” 4. Sri Babulal K. Jain would submit that he is agreeable for the settlement and therefore there is no impediment to accept the joint memo. 5. After the agreed amount of Rs.80,000/- transferred to the bank account of the Babulal K. Jain, being the proprietor - 5 - HC-KAR NC: 2026:KHC:19963 CRL.RP No. 1025 of 2018 of M/s.Mahendra Apparels, amount in deposit is ordered to be withdrawn by the accused under due identification. Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE MR List No.: 2 Sl No.: 58