Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:1914 CRL.RP No. 420 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 420 OF 2025 BETWEEN:
SMT. T.N. PADMAMMA W/O LATE VASANTHARAJU AGE 51 YEARS R/AT THOREMAVANAHALLI MALE AT AND POST KASABA HOBLI TURUVEKERE TALUK TUMAKURU - 577 277. &PETITIONER (BY SRI RAMAPRASAD S.N, ADV.) AND:
SRI K S BASAVARAJU S/O SHIVANNA AGED 52 YEARS RESIDING AT DODDAKUNNALA KADABA HOBLI, GUBBI TALUK TUMAKURU - 572 216. &RESPONDENT (BY SRI PRABHULINGA MURTHY B.R, ADV.)
THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 05.02.2025 PASSED BY THE VII ADDL.DISTRICT AND SESSIONS JUDGE AT TUMAKURU IN DISMISSING THE CRIMINAL APPEAL NO.58/2024 AND ALSO TO SET ASIDE THE ORDER DATED 27.09.2024 PASSED PRINCIPAL CIVIL JUDGE AND JMFC AT GUBBI IN C.C NO.392/2018.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:1914 CRL.RP No. 420 of 2025
ORAL ORDER
1. The petitioner is before this Court in this criminal revision petition filed under Section 397 R/w Section 401 of Cr.P.C, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.392/2018 by the Court of Prl. Civil Judge & JMFC, Gubbi dated 27.09.2024 and the
judgment and
order dated 05.02.2025 passed in Crl.A.No.58/2024 by the Court of VII Addl. District & Sessions Judge, Tumakuru.
2.
Learned counsel for the parties jointly submitted that the dispute between the parties has been settled and the agreed amount of Rs.1,80,000/- has been paid by the petitioner to the respondent in cash. They have filed a joint memo to the said effect which is taken on record. The joint memo is signed by the respective parties and their learned advocates. The parties who are present before the Court are identified by their respective advocates. In the joint memo, it is stated as follows:
"It is submitted that the Petitioner and the Respondent have settled their dispute amicably under the intervention of friends and relatives. - 3 -
HC-KAR NC: 2026:KHC:1914 CRL.RP No. 420 of 2025
It is submitted that the Respondent has filed a Cheque Bounce case under Sec. 138 of N.I.Act for a sum of Rs.3,45,000/- and the Junior Civil Judge at Gubbi has convicted the Petitioner/Accused, later on she filed Criminal appeal No.58/2024 on the filed of the VII Addl. District & Sessions Court at Tumakuru. The same has been challenged by the Petitioner in the above Criminal Revision petition. It is further submitted that after the interventiuon of well wishers, the petitioner and Respondent have settled their dispute full and final for a sum of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand only), the Respondent has received by way of cash for which the Respondent has acknowledged the same. Hence, this Memo. Wherefore, the Petitioner and the Respondent pray that this Hon'ble court may kindly be pleased to consider the memo and pass appropriate orders in the interest of justice and equity."
3. The respondent and his advocate have acknowledged receipt of Rs.1,80,000/- from the petitioner in cash towards full and final settlement of the claim made under the cheque in question. 4. In view of the aforesaid, this Criminal Revision petition is required to be disposed of in terms of the joint
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HC-KAR NC: 2026:KHC:1914 CRL.RP No. 420 of 2025
memo and the impugned judgment and order of conviction and sentence passed by the Courts below needs to be set aside. 5. Accordingly, Criminal Revision petition is allowed. The judgment and order of conviction and sentence in C.C.No.392/2018 by the Court of Prl. Civil Judge & JMFC, Gubbi dated 27.09.2024 and the judgment and order dated 05.02.2025 passed in Crl.A.No.58/2024 by the Court of VII Addl.
District & Sessions Judge, Tumakuru are set aside and the petitioner is acquitted of the offence punishable under Section 138 of Negotiable Instruments Act. Her bail bonds, if any, stands cancelled. Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 44