Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:24373 CRL.RP No. 1540 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1540 OF 2022 BETWEEN:
K. B. NAGARAJU S/O LATE BOREGOWDA AGED ABOUT 63 YEARS, R/O KANCHANALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT - 571 401. …PETITIONER (BY SMT. LIKITHA B, ADVOCATE FOR SRI. ARUN G, ADVOCATE)
AND:
M. KRISHNEGOWDA S/O LATE GENDEGOWDA AGED ABOUT 61 YEARS, R/O MALLEGOWDANAHALLI VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT - 571 401. …RESPONDENT (BY SRI. CHANDRASHEKARA K.A, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO A. SET ASIDE THE JUDGMENT DATED 10.01.2022 IN C.C.NO.304/2017 AND ALSO THE
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:24373 CRL.RP No. 1540 of 2022
JUDGMENT PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA ON 20.10.2022 IN CRL.A.NO.20/2022 BY ALLOWING THE REVISION PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
1. Parties are present before the Court.
2. Joint memo is filed, signed by the parties and their respective counsels. Contents of the joint memo reads as under:
"JOINT MEMO OF SETTLEMENT The undersigned counsels for the Petitioner and the Respondent above named respectfully submit as follows:
1. The above Criminal Revision Petition is filed challenging the Judgment of Conviction and Order of Sentence passed in C.C. No. 304/2017 dated 10.01.2022 by the Hon'ble Addl. Civil Judge and JMFC, at Mandya, and confirmed in Criminal Appeal No. 20/2022 by the
order dated 20.10.2022 by the Hon'ble IV Addl. District and Sessions Judge at Mandya, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. As per the conviction
order the appellant was liable to pay amount Rs.6,30,000/-(Six Lakh Thirty Thousand), which in inclusive 10,000/- towards State's exchequer.
2. It is submitted that during the pendency of the appeal and revision petition, the Petitioner has
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HC-KAR NC: 2026:KHC:24373 CRL.RP No. 1540 of 2022
Rs.1,29,000/- (Rupees One Lakh Twenty-Nine Thousand Only) on 17.02.2022 vide., DD No. 019289 dated 16.02.2022, and in order to comply the order of this Hon'ble court Rs. 1,16,000/- (Rupees One Lakh Sixteen Thousand only) vide DD No. 019441 dated 16.12.2023 before the trial court, in total the petitioner has deposit deposited 50% of the cheque amount, as directed by the Appellate Court and this Hon'ble Court, and the said amount i.e., Rs.2,45,000/-(Two Lakh Forty Five Thousand) is presently lying in deposit before the Trial Court.
3. The parties have amicably settled the dispute out of Court without coercion, undue influence, or pressure.
4. The parties submits that the remaining amount of Rs.3,85,000/- (Rupees Three Lakh Eight Five Thousand only), towards full and final settlement, is agreed to be paid with 4 months, by the petitioner.
5. The parties agree that: i. The amount already deposited Rs.2,45,000/- (Two Lakh Forty-Five Thousand) may be released in favour of the Respondent/Complainant; and ii. The balance amount of Rs.3,85,000/- (Rupees Three Lakh Eight Five Thousand only), shall be paid by the Petitioner within a period of 4 months from the date of recording this Joint Memo.
6. The Respondent, in view of the settlement, has no objection to compounding of the offence, subject to payment of the entire balance amount within the stipulated time. WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to pass orders in terms of this Joint Memo, in the interest of justice and equity.
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HC-KAR NC: 2026:KHC:24373 CRL.RP No. 1540 of 2022
3. Placing the joint memo on record, the following
order is passed:
ORDER i) Criminal Revision Petition stands disposed off in terms of the joint memo. ii) Amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification. iii) If there is any default in payment of the compensation amount as agreed in the joint memo, the petitioner shall undergo imprisonment as ordered by the Trial Magistrate, confirmed by the First Appellate Court.
Sd/- (V SRISHANANDA) JUDGE
GJM List No.: 2 Sl No.: 30