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2026 DAILYLAW 33873 (KAR)

MR. VENKATESHAPPA v. MRS. P V KANAKAMMA

CRL.RP/141/2025 · 2026-07-11

Lok Adalath

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2026 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE G. BASAVARAJA & SRI. JAVEED S., MEMBER CRIMINAL REVISION PETITION NO.123/2025 (Lok Adalat No.1734/2026) c/w CRIMINAL REVISION PETITION NO.141/2025 (Lok Adalat No.1739/2026) IN CRL.R.P.NO.123 OF 2025 BETWEEN: MR VENKATESHAPPA S/O LATE MOTAPPA, AGED ABOUT 70 YEARS, RESIDENT OF BHAKATARAHALLI VILLAGE, JANGAMANAKOTE HOBLI, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562102 ...PETITIONER (BY SRI. AKKI MANJUNATH GOWDA K., ADV.) AND: MRS P. V. KANAKAMMA AGED ABOUT 64 YEARS, W/O LATE G R KRISHNAPPA, RESIDENT OF PANATHUR, J C R LAYOUT, VARTHUR HOBLI, BANGALORE 560087. Digitally signed by SHASHIREKHA K Location: HIGH COURT OF KARNATAKA 2 REP. BY HER GPA HOLDER, MR ARUN KUMAR G K, S/O LATE MR G R KRISHNAPPA, AGED ABOUT 36 YEARS, RESIDENT OF PANATHUR, JCR LAYOUT, VARTHUR HOBLI, BANGALORE - 560087. …RESPONDENT (BY SRI. PRAKASH M. PATIL, ADV.) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER OF JUDGEMENT DATED 05.04.2022 PASSED BY THE XVII ADDITIONAL JUDGE COURT OF SMALL CAUSES AND ACMM, MAYOHALL UNIT BANGALORE IN C.C.NO.53254/2017 AND JUDGEMENT PASSED BY THE HON'BLE LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN CRIMINAL APPEAL NO.25082/2022 DATED 05.10.2024, IN THE COURT OF CCH-75 ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT AT BENGALURU. IN CRL.R.P. NO.141 OF 2025 BETWEEN: MR. VENKATESHAPPA S/O LATE MOTAPPA AGED ABOUT 70 YEARS, RESIDENT OF BHAKATARAHALLI VILLAGE, JANGAMANAKOTE HOBLI, SHIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562102. ...PETITIONER (BY SRI. AKKI MANJUNATH GOWDA K., ADV.) AND: 1. MRS. P V KANAKAMMA AGED ABOUT 64 YEARS, W/O LATE G.R. KRISHNAPPA, RESIDENT OF PANATHUR, J.C.R. LAYOUT, VARTHUR HOBLI, BANGALORE - 560087. 3 2. MR. ARUN KUMAR G K S/O LATE MR. G.R. KRISHNAPPA, AGED ABOUT 36 YEARS, RESIDENT OF PANATHUR, JCR LAYOUT, VARTHUR HOBLI, BANGALORE - 560087. 3. MRS. SHILPA D/O LATE MR. G. R. KRISHNAPPA, AGED ABOUT 38 YEARS, RESIDENT OF PANATHUR, JCR LAYOUT, VARTHUR HOBLI, BANGALORE - 560 087. …RESPONDENTS (BY SRI. PRAKASH M PATIL, ADV.) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) PRAYING TO SET ASIDE THE ORDER OF CONVICTION IN JUDGEMENT DATED 05.04.2022 PASSED BY THE XVII ADDITIONAL JUDGE COURT OF SMALL CAUSES AND ACMM, MAYOHALL UNIT BANGALORE IN C.C. NO.53255/2017 AND JUDGEMENT PASSED BY THE HON'BLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN CRIMINAL APPEAL NO.25083/2022 DATED 05.10.2024. THESE REVISION PETITIONS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Both parties present. Respondents 2 and 3 in Crl.RP No.141 of 2025 viz, Sri Arun Kumar G.K. and Smt. Shilpa, are the legal representatives of deceased G.R. Krishnappa. It is submitted that the respondent No.2-Sri Arun Kumar G.K. is the power of attorney holder of Smt. P.V. Kanakamma, Respondent. 4 Learned respective counsel representing the parties in both the petitions are present. 2. The parties in these revision petitions have filed Joint Memo under Section 147 of Negotiable Instruments Act. The same reads thus: "JOINT MEMO UNDER SECTION 147 OF NI ACT The CRI. RP NO. 123/2025 c/w CRL. RP NO. 141/2025 filed against the order in CC.No.53254/2017 and CC.No.53255/2017 respectively dated 05.04.2022 on the file of the XVII Addl. Judge, Court of Small Causes and Addl. Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru have been settled between the parties on the following terms and the same may kindly be modified as under: The Petitioner and the Respondents respectfully submit as under:- 1. At the instances of well wishers and friends of the Petitioner and Respondents, the Petitioner and the Respondents above named wants to settle the matter amicable and both parties are agreed for amount of Rs.38,00,000/- Rupees Thirty-eight lakhs only). The Petitioner/ Accused agreed to pay a sum of Rs.38,00,000/ - on five installments. i. First Installment dated: 10.09.2026 amount of Rs.10,00,000/- ii. Second Installment dated: 10.10.2026 amount of Rs.10,00,000/- iii. Third Installment dated: 10.11.2026 amount of Rs.10,00,000/- iv. Final Installment dated: 20.12.2026 amount of Rs.8,00,000/- 2. The petitioner submit that the trial court convicted petitioner under section 138 of NI Act and sentence in CC No.53254/2017 on 05.04.2022 convicting the petitioner and sentencing him to pay a fine of Rs.35,00,000/- and in default to undergo simple imprisonment for a period of one year. 5 3. Petitioner submit that the trial court convicted petitioner under section 138 of NI Act and sentence in CC No.53255/2017 on 05.04.2022 convicting the petitioner and sentencing him to pay a fine of Rs. 45,00,000/- and in default to undergo simple imprisonment for a period of one year. Moreover both matters are clubbed together and settled, failing which the Respondent is at liberty to take legal action against the Petitioner as per the conviction order mentioned above. Wherefore, the petitioner and respondent above named parties respectfully prays that this Hon'ble Court be pleased to pass a judgment on the above terms and conditions in the above case. Hence the parties have compromised in terms of the above." 2. Both the parties and their Advocates have affixed their signature to the Joint Memos. The contents of Joint Memos have been read over and explained to the parties in the language known to them. Both the parties have voluntarily accepted the terms and conditions of the Joint Memo. The same is accepted as the same is lawful. Accordingly compromise is recorded. 3. In view of the Joint Memo and compromise recorded, the Judgment and Order dated 05th April, 2022 passed in CC No.53254 of 2017 and 53255 of 2017 by the XVII Additional Judge, Court of Small Causes and Addl. Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru, are set aside. In both 6 cases, accused-Revision Petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act. 4. If the accused-revision petitioner fails to pay the amount as per the terms and conditions of joint memo, the judgment of conviction and order on sentence dated 05th April 2022 passed by the XVII Additional Judge Court of Small Causes and ACMM, Mayo Hall Unit, Bangalore in C.C. Nos.53254 of 2017 and 53255 of 2017 which is confirmed by Judgment dated 05th October, 2024 in Criminal Appeals No.25082 and 25083 of 2022 by the Hon'ble Additional City Civil & Sessions Judge, Bangalore, shall be restored to file. Sd/- JUDGE Sd/- MEMBER lnn