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2026 DAILYLAW 47133 (KAR)

SRI.B.R. NAGARAJAIAH v. SRI. NAGARAJA .S

CRL.RP/487/2022 · 2026-02-04

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6552 CRL.RP No. 487 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 487 OF 2022 BETWEEN: SRI B.R. NAGARAJAIAH S/O D. RAMAIAH AGED ABOUT 53 YEARS DRIVER KSIIDC LIMITED KHANIJA BHAVAN NO.49 4TH FLOOR, EAST WING R.C. ROAD BENGALURU - 560 001. …PETITIONER (BY SRI RAAGINI, ADV., FOR SRI RAJASHEKAR S, ADV.) AND: SRI NAGARAJA S S/O SIDDAPPA AGED ABOUT 52 YEARS R/AT NO.27 BATHILINGESHWARA KRUPA 7TH CROSS AGRAHARA DASARAHALLI BENGALURU - 560 079. …RESPONDENT (BY SRI T.P. VIVEKANANDA, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 07.03.2022 PASSED IN CRL.A.NO.1384/2018 ON THE FILE OF THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU DISMISSING THE APPEAL FILED BY THE PETITIONER AND CONFIRMING THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 26.06.2018 PASSED IN C.C.NO.22692/2015 ON THE FILE OF THE XXI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU BY ALLOWING THE ABOVE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6552 CRL.RP No. 487 of 2022 REVISION PETITION AND THEREBY DISCHARGE THE ACCUSED/PETITIONERS HEREIN FROM THE ALLEGED OFFENCE. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused is before this Court in this criminal revision petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 26.06.2018 passed in CC.No.22692/2015 by the Court of XXI Addl. Chief Metropolitan Magistrate, Bengaluru, and the judgment and order dated 07.03.2022 passed by the Court of LVIII Addl. City Civil & Sessions Judge, Bengaluru City, in Crl.A.No.1384/2018. 2. Learned Counsel for the petitioner and the learned Counsel for the respondent jointly submit that the dispute between the parties has been amicably settled and the parties have filed a joint memo before this Court. They submit that the respondent-complainant has agreed to receive a total sum of Rs.2,50,000/- from the petitioner towards full and final settlement of the amount covered under the cheque in question - 3 - HC-KAR NC: 2026:KHC:6552 CRL.RP No. 487 of 2022 in CC.No.22692/2015. They also submit that petitioner has also deposited a sum of Rs.2,57,500/- before the Trial Court in the present case and out of the said amount, Rs.2,50,000/- may be ordered to be withdrawn by the respondent-complainant, and the balance of Rs.7,500/- may be permitted to be withdrawn by the petitioner. 3. The parties who are present before the Court in person are identified by their learned Counsel. The joint memo which is filed today is signed by the parties and their respective counsel. In paragraphs 2 & 3 of the joint memo, it is stated as under: "2. It is submitted that during the pendency of the instant petition, the parties have decided to amicably settle the dispute by filing this joint memo before the Hon'ble Court. In view of the amicable settlement of the dispute between the parties, the petitioner has agreed to pay a total sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) to the respondent towards full and final settlement of the dispute between the parties and no further claim can be made by the respondent regarding this dispute. 3. The petitioner has no objection to the respondent to withdraw the amount deposited by him before the trial court. Excess amount other than Rs.2,50,000/- stated supra agreed to be paid to the - 4 - HC-KAR NC: 2026:KHC:6552 CRL.RP No. 487 of 2022 Respondent if any deposited by the petitioner shall be returned/refunded to the petitioner upon identification." 4. Considering the aforesaid aspects of the matter, I am of the opinion that this criminal revision petition is required to be disposed of in terms of the settlement between the parties and the impugned judgment and order of conviction passed by the courts below is required to be set aside. Accordingly, the following order: 5. Criminal revision petition is allowed. The impugned judgment and order of conviction and sentence dated 26.06.2018 passed in CC.No.22692/2015 by the Court of XXI Addl. Chief Metropolitan Magistrate, Bengaluru, and the judgment and order dated 07.03.2022 passed by the Court of LVIII Addl. City Civil & Sessions Judge, Bengaluru City, in Crl.A.No.1384/2018, are set aside. The petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. Out of Rs.2,57,000/- said to have been deposited by the Trial Court in CC.No.22692/2015, respondent-complainant is permitted to withdraw the amount of Rs.2,50,000/- and the balance amount - 5 - HC-KAR NC: 2026:KHC:6552 CRL.RP No. 487 of 2022 of Rs.7,500/- shall be refunded to the petitioner. Bail bonds, if any, stands cancelled. Sd/- (S VISHWAJITH SHETTY) JUDGE KK