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2026 DAILYLAW 5165 (KAR)

R RAGAVENDRA RAO v. SHIVARAJI RAO

CRL.RP/1561/2022 · 2026-04-23

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22422 CRL.RP No. 1561 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1561 OF 2022 BETWEEN: R. RAGAVENDRA RAO S/O K RAMACHANDRARAO OCC: TAILOR NOW AGED ABOUT 51 YEARS R/O NEAR J P NAGARA 3RD CROSS, MYSURU MYSURU - 570 008 …PETITIONER (BY SRI. CHANDRASHEKARA K.A., ADVOCATE) AND: SHIVARAJI RAO S/O MAHADEVA RAO K SINCE DECEASED BY LRS SMT. NANDINI BAI S. W/O. SHIVAJI RAO AGED ABOUT 43 YEARS NO.32/43, NEAR BUDDA COLLEGE MALLATHAHALLI KENCHAMUNIYAPPA VATARA BENGALURU - 560 056 ALSO R/AT HALLADAKERI NANJANAGUDU TOWN MYSURU DISTRICT - 571 301 …RESPONDENT (BY SRI. SANJAN G., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22422 CRL.RP No. 1561 of 2022 THIS CRL.RP IS FILED U/S.397 R/W SECTION 401 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 15.12.2020 PASSED BY THE LEARNED II ADDL. CIVIL JUDGE AND JMFC, NANJANGUDU IN C.C.NO.1315/2010 AND CONFIRMED BY THE LEARNED VI ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU IN CRLA.NO.19/2021 DATED 29.10.2022 AND ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Respondent said to have died. An application vide I.A.No.1/2026 is filed to bring the dependants of the respondent on record. 2. Sri. Sanjan G. Murthy has also filed power for the dependants of the original respondent. Counsel for the respondent has no objection. Hence I.A. No.1/2026 is allowed. - 3 - HC-KAR NC: 2026:KHC:22422 CRL.RP No. 1561 of 2022 3. Counsel has amended the cause title as per the directions of this Court. Amendment carried out. Amended petition is filed. 4. Wife of the original respondent is present so also the accused. They have filed a joint memo. Joint memo reads as under : 01. The above petition was preferred by the petitioner herein praying this Hon'ble court be pleased to call for records and set aside the judgment and order of conviction and sentence dated 15/12/2020 passed by the Learned II Addl. Civil judge & J.M.F.C., Nanjangudu in C.C.No.1315/2010 and confirmed by the learned VI Addl. District & Sessions Judge, Mysuru in CRL.A/19/2021 dated 29/10/2022 and acquit the petitioner for the offence punishable under section 138 of N.I. Act. 02. During the pendency of the above petition, the respondent herein died on 25/05/2025. Now the parties in the above case, viz. petitioner and the dependents of the deceased respondent herein, who is the wife of deceased respondent/complainant have settled all their dispute of the present case. Accordingly, the petitioner herein agreed to pay a total amount of Rs 1,87,500/-[Rupees One lakh eighty seven thousand five hundred only] in favour of the dependents of the deceased respondent herein towards full and final settlement of all the claims - 4 - HC-KAR NC: 2026:KHC:22422 CRL.RP No. 1561 of 2022 as stated supra. Taking in to the financial conditions and other surrounding circumstances of the petitioner herein, the dependents of the deceased respondent herein agreed for the same, on her self and on behalf of her mother-in- law and her children. 03. The petitioner herein in compliance of the orders passed while suspending the sentence has deposited a total sum of Rs 1,87,500/-[Rupees One lakh eighty seven thousand five hundred only] before the Hon'ble trial court in C.C.No 1315/2010 as hereunder. (i). Rs 93,750/- [Rupees Ninety-Three Thousand Seven Fifty only] on 26/02/2021 and (ii). Rs 93,750/- [Rupees Ninety-Three Thousand Seven Fifty only] on 31/01/2023. Now in view of the settlement, the petitioner herein has no objections to the dependents of the deceased respondent herein viz., Smt Nandinai Bayi.S to withdraw the said total deposited amount of Rs 1,87,500/-[Rupees One lakh eighty seven thousand five hundred only] before the Hon'ble trial court in C.C.No 1315/2010. The respondent herein agreed for of the same. 04. The parties herein have been filing this memo voluntarily on their own will and volition, no force or cohesion to him from anybody or from any corner. - 5 - HC-KAR NC: 2026:KHC:22422 CRL.RP No. 1561 of 2022 WHEREFORE, the petitioner and the dependents of the respondent/complainant Sri Shivaji Rao in the above case pray that, this Hon'ble Court be pleased to pass the order set aside the judgment and order of conviction and sentence dated 15/12/2020 passed by the Learned II Addl. Civil judge & J.M.F.C., Nanjangudu in C.C.No.1315/2010 and confirmed by the learned VI Addl. District & Sessions Judge, Mysuru in CRL.A/19/2021 dated 29/10/2022 and acquit the petitioner herein to meet the ends of justice. 5. Placing the joint memo on record petition stands disposed off. 6. Amount in deposit is ordered to be withdrawn by the wife of the original respondent under due identification. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 34