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2026 DAILYLAW 6473 (KAR)

SMT PREMA v. SRI C MAHESHA

CRL.RP/1168/2025 · 2026-04-23

V Srishananda

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:22253 CRL.RP No. 1168 of 2025 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.1168 OF 2025 (397(Cr.PC) / 438(BNSS)) BETWEEN: SMT. PREMA W/O PRAKASH, AGED ABOUT 50 YEARS, HOUSE NO.7/216-B, SREE CHOWDESHWARI KALYANA MANTAPA ROAD, KOLLEGALA TOWN, CHAMARAJANAGARA - 571 440 …PETITIONER (BY SRI. SHIVA KUMARA K S., ADVOCATE) AND: SRI. C MAHESHA S/O LATE CHANDRAPPA AGED ABOUT 44 YEARS, HOUSE NO.7/266-A BASAVESHWARANAGARA KOLLEGALA TOWN, CHAMARAJANAGARA - 571 440 …RESPONDENT (BY SRI. A.N. RADHA KRISHNA.,ADVOCATE) Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22253 CRL.RP No. 1168 of 2025 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT, ORDER OF CONVICTION AND SENTENCE DATED 19.04.2025 PASSED BY THE HON'BLE ADDITIONAL DISTRICT & SESSIONS JUDGE, CHAMARAJANAGARA (SITTING AT KOLLEGALA) IN CRIMINAL APPEAL NO.5005/2024, THEREBY DISMISSING THE APPEAL FILED BY THE PETITIONER AND CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE 31.07.2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, KOLLEGALA IN C.C.NO.468/2014, THEREBY CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I ACT AND SENTENCING HIM TO UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF 6 MONTHS AND TO PAY FINE OF Rs.5,44,000/- (RUPEES FIVE LAKHS FORTY-FOUR THOUSANDS ONLY) IN THE EVENT OF FAILURE OF THE ACCUSED TO PAY THE FINE AMOUNT OF Rs.5,44,000/- SHE SHALL FURTHER UNDERGO FURTHER IMPRISONMENT FOR A PERIOD OF 3 MONTHS WITHOUT PREJUDICE TO OTHER USUAL MODES OF RECOVERY OF FINE. THIS PETITION COMING ON FOR REPORT SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2026:KHC:22253 CRL.RP No. 1168 of 2025 ORAL ORDER Parties are present before the Court. 2. Joint memo is filed which reads as under: JOINT ΜΕΜΟ "I am the Petitioner in the above petition filed a revision Petition against the Respondent, The question of the cheque amount of Rs.4,00,000/-(Four Lakhs Rupees Only) but order of the trials court an amount of Rs.5,44,000/- at this circumstances both the parties are agreed to settle the matter amicably as per terms and condition mentioned below. 1. The Petitioner are agreed to pay total of Rs.5,00,000/-(Five Lakhs Rupees Only) including deposit Rs.2,15,000/-in trial courts which was already deposited before the Hon'ble Senior Civil Judge & JMFC, Kollegala in C.C. No.468/2014. The same was released to Respondent. 2. It is further submits that, remaining amount of Rs.2,85,000/- Petitioner will pay within 6 months i.e., 22.10.2026 to the Respondent. In view of the above joint memo The Petitioner most humbly prays that this Hon'ble Court may kindly be pleased to set side the sentence and order of conviction dated 31.07.2024 passed by the Hon'ble Senior Civil Judge & JMFC, Kollegala in C.C. No.468/2014. The same order was challenged by the petitioner filed criminal appeal before the Additional District & Sessions Judge, Chamarajanagara, (Sitting at Kollegala) in Criminal Appeal No.5005/2024, thereby dismissing the appeal dated 19.04.2025 and conforming the judgment and order of conviction and sentence, thereby convicting the Petitioner for the offence punishable under section 138 of N.I. Act." - 4 - HC-KAR NC: 2026:KHC:22253 CRL.RP No. 1168 of 2025 3. Placing the joint memo on record, the petition stands disposed of. 4. Amount in deposit is ordered to be withdrawn under due identification. 5. It is made clear that if the amount of compensation as agreed in the memo is not paid, the petitioner shall undergo imprisonment as ordered by the trial magistrate confirmed by the First Appellate Court. Sd/- (V SRISHANANDA) JUDGE NS List No.: 2 Sl No.: 63