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2026 DAILYLAW 3785 (KAR)

SRI PRABHAKAR RAO R v. SMT VANITHA D G

CRL.RP/441/2016 · 2026-04-15

V Srishananda

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:20538 CRL.RP No. 441 of 2016 C/W CRL.A No. 1085 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.441 OF 2016 C/W CRIMINAL APPEAL NO.1085 OF 2015 IN CRL.RP NO.441/2016 BETWEEN: SRI PRABHAKAR RAO R. S/O. RAMACHANDRA RAO AGED ABOUT 37 YEARS R/AT MANJUNATHA NILAYA NO.106/12, 2ND CROSS SAMRAT LAYOUT, ARAKERE BENGALURU-560 076 …PETITIONER (BY SRI VIJAY SHETTY B., ADVOCATE) AND: SMT. VANITHA D. G. W/O. LOKESH REDDY AGED ABOUT 27 YEARS R/AT NO.87/1,CHIDAMBARAM BHAVAN ANNAPOORNA WEIGH BRIDGE OPPOSITE ROAD, NEAR MAYURA HERBAL BEAUTY PARLOUR CHOWDENAHALLI GATE BOMMASANSDRA BENGALURU-562 125 …RESPONDENT (BY SRI M. K. VENKATARAMANA, ADVOCATE) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20538 CRL.RP No. 441 of 2016 C/W CRL.A No. 1085 of 2015 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO MODIFY THE ORDER PASSED BY THE HON'BLE XXII ADDL.C.M.M., AT BENGALURU IN C.C.NO.27683/2014 DATED 05.08.2015, BY SETTING ASIDE ONLY THE ORDER OF AWARDING OF COMPENSATION OF RS.1,44,000/- WITH SIMPLE INTEREST @ 6% P.A FROM THE DATE OF EX.P1 CHEQUE TILL REALIZATION OF THE SAME, AND THE ACCUSED SHALL PAY THE SAID AMOUNT WITHIN A PERIOD OF 30 DAYS FROM THE DATE OF THE ORDER, FAILING WHICH, ACCUSED SHALL UNDERGO SI FOR A PERIOD OF 6 MONTHS, BY ALLOWING THIS PETITION. IN CRL.A NO.1085/2015 BETWEEN: SMT. VANITHA D. G. W/O. LOKESH REDDY AGED ABOUT 36 YEARS R/AT NO.87/1,CHIDAMBARAM BHAVAN ANNAPOORNA WEIGH BRIDGE OPPOSITE ROAD, NEAR MAYURA HERBAL BEAUTY PARLOUR CHOWDENAHALLI GATE BOMMASANSDRA BENGALURU-562 125 ...APPELLANT (BY SRI VIJAY SHETTY B., ADVOCATE) AND: SRI PRABHAKAR RAO R. S/O. RAMACHANDRA RAO AGED ABOUT 36 YEARS R/AT MANJUNATHA NILAYA NO.106/12, 2ND CROSS SAMRAT LAYOUT, ARAKERE BENGALURU-560 076 ...RESPONDENT (BY SRI M. K. VENKATARAMANA, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:20538 CRL.RP No. 441 of 2016 C/W CRL.A No. 1085 of 2015 THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE JUDGMENT/ORDER OF ACQUITTAL DATED 05.08.2015 PASSED BY THE XXII A.C.M.M, BENGALURU IN C.C.NO.27683/2014 - ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THESE PETITION AND APPEAL, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER IN CRL.RP 441/2016 Parties are present in both the cases. Joint memo is filed signed by the parties and their respective Advocates in Crl.RP 441/2016 which reads as under: “The petitioner in the above case most respectfully submits that, the petitioner has paid an amount of Rs. 2,25,000/- (Rupees Two Lakhs Twenty-Five Thousand only), to the respondent herein by way of Demand Draft bearing No.826465 dated 13-04-2026 for an amount of Rs. 2,25,000/- (Rupees Two Lakhs Twenty-Five Thousand only), drawn on Canara Bank, Arakere Gate branch, Bengaluru, in favour of the respondent towards the full and final settlement - 4 - HC-KAR NC: 2026:KHC:20538 CRL.RP No. 441 of 2016 C/W CRL.A No. 1085 of 2015 amount. Hence the petitioner named above most respectfully prays that, this Hon'ble court be pleased to dispose off the above case in accordance with law, to meet the ends of justice and equity.” Pursuant to the joint memo, the copy of demand draft of Rs.2,25,000/- is filed. Placing the joint memo on record Crl.RP.No.441/2016 stands disposed of. IN CRL.A.1085/2015 Learned counsel for the appellant in Crl.A.No.1085/2015 has filed memo which reads as under: That the Appellant herewith submits as follows:- 01. That the above Appeal filed by the Appellant challenging the acquittal order dated 05- 08-2015 passed by the XXI Additional Chief Metropolitan Magistrate, Bengaluru in C.C. No. 27683/2014 that Acting under Section 265 of Criminal Procedure Code, the Accused is acquitted from the alleged offence punishable under Section 138 of N.I. Act. However, the Complainant was awarded compensation of Rs.1,44,000/-with - 5 - HC-KAR NC: 2026:KHC:20538 CRL.RP No. 441 of 2016 C/W CRL.A No. 1085 of 2015 simple interest @6.00% per annum from the date of Ex.P.01 cheque till realization of the same. 02. That the Respondent has also challenged the order before this Hon'ble Court in Criminal Revision Petition No.441/2016 and the same is posted today and the Appellant has received a sum of Rs.2,25,000-00 by way of Demand Draft/Pay Order in settlement of the matter in Criminal Revision Petition No.441/2016 and hence the Appellant is not pressing the above Appeal. WHEREFORE, it is prayed that this Hon'ble Court be pleased to dispose off the above Appeal as the matter is settled between the parties, in the interest of justice and equity. Placing the memo on record, Crl.A.No.1085/2015 stands disposed of. SD/- (V SRISHANANDA) JUDGE MR List No.: 2 Sl No.: 57