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2026 DAILYLAW 34366 (KAR)

SMT. PUSHPA v. SMT. KAMALAMMA T

CRL.RP/75/2026 · 2026-08-13

Venkatesh Naik T

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010018942026 NC: 2026:KHC:43209 CRL.RP No. 75 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO.75 OF 2026 BETWEEN: SMT. PUSHPA W/O SRINIVASA @ SEENA, AGED ABOUT 47 YEARS, RESIDING AT NO.31/1, 9TH CROSS, 2ND MAIN, MUKAMBIKANAGARA, HOSAKEREHALLI, BENGALURU - 560 085, PRESENTLY RESIDING AT NO.404, 7TH CROSS, SHASTRINAGARA, BENGALURU-560 028. …PETITIONER (BY SRI A.C. PUTTARAJU, ADVOCATE) AND: SMT. KAMALAMMA T. W/O M. THIMMAIAH, AGED ABOUT 63 YEARS, RESIDING AT NO.258/1, 1ST MAIN, 6TH CROSS, HRISHIKESHINAGARA, BSK 3RD STAGE, HOSAKEREHALLI, BENGALURU-560 085. …RESPONDENT (BY SRI K. A. CHANDRASHEKARA, ADVOCATE) * * * Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010018942026 NC: 2026:KHC:43209 CRL.RP No. 75 of 2026 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 15.11.2023 PASSED IN C.C. NO.1589 OF 2019 BY THE VI ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY (SCCH-2), AND ORDER DATED 02.12.2025 PASSED IN CRIMINAL APPEAL NO.1801 OF 2023 BY THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-59). THIS CRIMINAL REVISION PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER The petitioner, the respondent and their respective learned counsel are present. 2. This revision petition is filed by the petitioner-accused seeking to set aside the judgment of conviction and order on sentence dated 15.11.2023 passed by the VI Additional Judge, Court of Small Causes and Additional Chief Metropolitan Magistrate, Bengaluru City (SCCH-2), in Criminal Case No.1589 of 2019 which was upheld by the LVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH-59), in Criminal Appeal No.1801 of 2023 dated 02.12.2025 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. - 3 - HC-KAR CNR: KAHC010018942026 NC: 2026:KHC:43209 CRL.RP No. 75 of 2026 3. During pendency of the revision petition, the parties have settled their dispute and have filed a joint application under Section 147 of the Negotiable Instruments Act, 1881, which reads as under: "APPLICATION UNDER SECTION 147 OF THE NEGOTIABLE INSTRUMENT ACT That the both the parties submit as follows: 1. The Respondent has filed complaint against the appellant under section 138 of the Negotiable Instruments Act alleging that the Petitioner had borrowed the hand loan of Rs.3,00,000/-. The Hon'ble trial court, after completion of the trial convicted the accused on 15/11/2023 in C.C. No. 1589/2019 and imposed a fine of Rs. 3,05,000-00 and in default to undergo simple imprisonment for four months for the offence under section 138 of the Negotiable Instruments Act. The Petitioner filed the Crl Appeal in Crl.App.No. 1801/2023and the Hon'ble Sessions court dismissed the appeal, the above Revision Petition is filed against the concurrent orders of the both the courts. 2. That as per the interim order of the Sessions court in Crl.App.No. 1801/2023 the Petitioner deposited Rs.61,000/- before trial court on - 4 - HC-KAR CNR: KAHC010018942026 NC: 2026:KHC:43209 CRL.RP No. 75 of 2026 14/02/2024 and as per the orders of this Hon'ble court Petitioner deposited Rs.92,000/- before trial court on 07/02/2026, totally petitioner deposited Rs.1,53,000/-. 3. That now the parties have settled the dispute and the Petitioner agreed to pay the cheque amount to the Respondent and the respondent agreed for the same, that the Petitioner has no objection to Respondent to withdraw Rs. 1,50,000/- deposited before the trial court and today Petitioner is paying Rs.1,50,000/- in cash to the Respondent towards the full and final settlement of the bouncing of the cheque of the Petitioner. The Respondents has no objection to set aside the order of conviction passed against the Petitioner by the trial court and confirmed by the Hon'ble Sessions court in view of the settlement. 4. That the both the parties pray leave of this Hon'ble court to compound the offence as the parties settled the dispute and pray to set aside the judgement of conviction dated: 15/11/2023 passed in C.C. No.1589/2019 by the VI Addl Judge Court of Small Causes and Additional Chief Metropolitan Magistrate, Bangalore City (SCCH-2) and confirmed by the Hon'ble Sessions Court order dated: 02/12/2025 Passed in Crl.App.No. 1801/2023 by - 5 - HC-KAR CNR: KAHC010018942026 NC: 2026:KHC:43209 CRL.RP No. 75 of 2026 the LVIII Addl City Civil & Sessions Judge, At Bangalore (CC H-59), in the interest of justice and equity.” 4. In terms of the compromise arrived at between the parties, the petitioner has no objection to the respondent to withdraw Rs.1,50,000/- deposited before the trial Court, the petitioner has paid today Rs.1,50,000/- by way of cash as full and final settlement and the respondent also acknowledges the same. 5. Both the parties submit that they have settled their dispute and there is no due. Hence, compromise application is accepted. Accordingly, the Court proceeds to pass the following O R D E R i. The criminal revision petition is allowed. ii. The judgment of conviction and order on sentence dated 15.11.2023 passed by the VI Additional Judge, Court of Small Causes and Additional Chief Metropolitan Magistrate, Bengaluru City (SCCH-2), in Criminal Case No.1589 of 2019 and upheld by the LVIII Additional City - 6 - HC-KAR CNR: KAHC010018942026 NC: 2026:KHC:43209 CRL.RP No. 75 of 2026 Civil and Sessions Judge, Bengaluru City (CCH-59), in Criminal Appeal No.1801 of 2023 dated 02.12.2025 are hereby set aside. iii. The petitioner-accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. iv. Bail bond of the petitioner-accused, if any, stands cancelled. In view of the disposal of the revision petition, pending interlocutory application, if any, shall stand dismissed. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 19