Karnataka High Court
Sathyendra Padiyara Manuru vs Hardik Shah on 17 October, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC:41459
CRL.RP No. 1147 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 1147 OF 2025
BETWEEN:
SATHYENDRA PADIYARA MANURU,
S/O M.GANESHA PADIYAR,
AGED ABOUT 49 YEARS,
R/O NO 5-18(4) NH - 66,
MUNURU POST, BRAHMAVAR TALUK,
UDUPI DISTRICT - 576 221.
...PETITIONER
(BY SRI AJAY KADKOL T., ADVOCATE)
AND:
HARDIK SHAH,
S/O MR BHARAT R SHAH,
AGED ABOUT 29 YEARS,
R/A NO.62, S.B. ROAD, V.V PURAM,
BENGALURU - 560 004.
...RESPONDENT
(BY SRI SURAJ S., ADVOCATE)
Digitally signed
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W
by GURURAJ D
442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT
Location: High THIS HONOURABLE COURT MAY BE PLEASED TO PASS AN
Court of APPROPRIATE ORDER REVERSING THE JUDGEMENT DTD 13.06.2025
Karnataka PASSED BY THE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE,
MAYO HALL UNIT, BENGALURU CITY IN CRL.A.NO.25391/2024
CONFIRMING THE ORDER PASSED BY THE TRIAL MAGISTRATE
CONVICTING THE PETITIONER HEREIN FOR THE COMMISSION OF AN
OFFENCE U/S 138 OF THE N.I ACT AND FURTHER SENTENCING THE
PETITIONER TO PAY A FINE OF RS.21,70,000/- AND ETC.,
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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NC: 2025:KHC:41459
CRL.RP No. 1147 of 2025
HC-KAR
ORAL ORDER
Challenging judgment dated 13.06.2025 passed by LXXIV Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-75), in Crl.A.no.25391/2021 confirming judgment of conviction and order of sentence dated 14.10.2024 passed by XXXIV Addl. Chief Judicial Magistrate, Mayo Hall Unit, Bengaluru (ACJM-34), in C.C.no.59836/2018, this revision petition is filed.
2. During pendency of revision petition, as per request of parties, matter was referred for mediation which has resulted in settlement and terms of which are drawn in Memorandum of Settlement, which reads as under:
3. Terms of Settlement reads as under:
"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
I. The above revision petition is filed against the judgment and order dated 13.06.2025 made in Cri.A.No.25391/2024 passed by the LXXIV Additional City Civil & Sessions Judge, Mayo Hall Unit, (CCH-75), Bengaluru whereby the learned judge had confirmed judgment and order dated 14.10.2024 passed by the XXXIV Additional Chief Judicial Magistrate, Mayo Hall Unit, Bengaluru in C.C. No.59836/2018.
II. Both parties state that on the basis of a cheque for Rs.15,97,500/-the the (Rupees Fifteen Lakhs -3- NC: 2025:KHC:41459 CRL.RP No. 1147 of 2025 HC-KAR Ninety Seven Thousand Five Hundred only) issued by the Petitioner/Accused herein, the Respondent/Complainant had filed complaint under section 200 Cr.PC for an offence punishable under section 138 of N.I. Act. Upon contest the learned Trial Judge had convicted the Petitioner/Accused under section 138 of N.I. Act and directed him to pay a sum of Rs.21,70,000/- (Rupees Twenty One Lakhs Seventy Thousand Only) failing which to undergo simple Imprisonment for six months. Against the said judgment the Petitioner/Accused had filed an appeal in Crl.A.No.25391/2024 before LXXIV Additional City Civil & Sessions Judge, Mayo Hall Unit, (CCH-75), Bengaluru and the Hon'ble Court was pleased dismiss the appeal confirming the order of the trial court. Against the said judgment the present Revision Petition is filed, which was referred to mediation for an amicable settlement.
III. During the course of hybrid mediation, the Petitioner/Accused appeared through video conference and the Respondent/Complainant and Counsel for both parties were present in person to resolve their disputes and they have agreed the following terms and conditions:
1. An order dated 30.06.2023 passed by XXXIV Additional Chief Judicial Magistrate, Mayo Hall Unit, Bengaluru in C.C.No.59836/2018 directed the Petitioner/Accused to deposit 20% i.e. Rs.3,19,500/- (Rupees Three Lakhs Nineteen Thousand Five Hundred Only), which the Petitioner/Accused has complied. This amount has been withdrawn by the Respondent/Complainant. Further a sum of Rs.1,14,500/- (Rupees One Lakh Fourteen Thousand Five Hundred) has been deposited by the Petitioner/Accused as per order dated 22.11.2024 in Crl.A.No.25391/2024 before LXXIV Additional City Civil & Sessions Judge, Mayo Hall Unit, (CCH-75), Bengaluru.
2. In view of this settlement the Petitioner / Accused agrees to pay a total sum of Rs.16,34,000/- (Rupees Sixteen Lakhs Thirty Four Thousand Only) to the Respondent/Complainant towards full and final settlement of all the claims of the Respondent/Complainant inclusive of the amount l.e. Rs.4,34,000/- (Rupees Four Lakhs -4- NC: 2025:KHC:41459 CRL.RP No. 1147 of 2025 HC-KAR Thirty Four Thousand Only) which was deposited by the Petitioner/Accused before the trial court, out of which Rs.3,19,500/- (Rupees Three Lakhs Nineteen Thousand Five Hundred Only) has been withdrawn by the Respondent/Complainant before XXXIV Additional Chief Judicial Magistrate, Mayo Hall Unit, Bengaluru and the same was acknowledged by the Respondent/Complainant.
The Petitioner/Accused does not have any objection to the Respondent/Complainant withdrawing the sum of Rs.1,14,500/-(Rupees One Lakh Fourteen Thousand Five Hundred) available in deposit before Trial Court.
3. The Petitioner/Accused is paying a sum of Rs.6,00,000/-(Rupees Six Lakhs Only) to the Respondent/Complainant by way of demand draft bearing No.935542 dated 12.09.2025 drawn on Kotak Mahindra Bank Ltd., Rajajinagar, Bengaluru and the same has been handed over to the Respondent/Complainant today l.e., 15.09.2025. Further the Petitioner/Accused undertakes to pay a sum of Rs.6,00,000/- (Rupees Six Lakhs Only) to the Respondent/Complainant on or before 15.03.2026 by way of Online Transfer to the Savings Bank Account of the Respondent / Complainant bearing No.5812441973 Kotak Mahindra Bank Ltd., Netkallappa Circle Branch, Bengaluru IFSC Code: KKBK0008052. The Respondent/Complainant has agreed for the same.
4. Further the brother of the Respondent /Complainant Mr. Mahek Bharat Shah being the Complainant in C.C.No.31638/2018 by virtue of his agreement with the Petitioner/Accused herein, will be agreeing to receive a sum of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand Only) from the Petitioner/Accused herein to ensure closure of said C.C.No.31638/2018 pending on the file 16th ACJM, Bengaluru on or before 15.09.2026, failing which the Complainant in C.C.No.31638/2018 will be at liberty to enforce his agreement as agreed therein.
5. Both the parties have agreed to the terms and conditions narrated above. In case of default of -5- NC: 2025:KHC:41459 CRL.RP No. 1147 of 2025 HC-KAR any payment by the Petitioner/Accused to the Respondent/Complainant as detailed above, then the agreement shall be deemed to have been cancelled and the Respondent/ Complainant shall be entitled to seek for the enforcement of the amount of Rs.11,31,000/- (Rupees Eleven Lakhs Thirty One Thousand Only) due and payable by the Petitioner/Accused to the Respondent/Complainant.
6. In case of any default by the Petitioner/Accused in making the payment of the remaining installment the Respondent/Complainant shall be entitled to pursue any other remedies available to him in accordance with law in order to recover the amount due and payable by the Petitioner/Accused.
7. The Respondent/Complainant is hereby agreeing to use his good offices to persuade his brother Sri. Mahek Bharath Shah who is Complainant in C.C.No.31638/2018 to withdraw the said C.C.No.31638/2018 pending on the file of 16th ACJM, Bengaluru in view of this agreement.
8. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner. IV. In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to record settlement and dispose off the Revision Petition in terms of this agreement. V. The parties agree to appear this Hon'ble Court whenever the matter is listed with their I.D. Proof."
4. Parties are present and are identified by their respective counsel.
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NC: 2025:KHC:41459 CRL.RP No. 1147 of 2025 HC-KAR
5. On interaction, parties have stated that they have been explained terms and conditions of settlement and after understanding same, they have affirmed same out of their free will and volition without there being any threat, coercion or undue influence from anybody.
6. Memorandum of settlement is duly signed by both parties, whose signatures are identified by their respective counsel and settlement is reported by them.
7. Memorandum of settlement is taken on record and accepted.
8. It is stated that petitioner/accused has agreed to pay a total sum of Rs.16,34,000/- in full and final settlement of all claims of respondent in respect of cheque in question, of which Rs.4,34,000/- was deposited before trial Court and out of which Rs.3,19,500/- was withdrawn by respondent/complainant and petitioner/accused would have no objection for withdrawing Rs.1,14,500/- also.
9. It is stated that Rs.6,00,000/- has been paid by way of demand draft bearing no.935542 dated 12.09.2025 drawn on Kotak Mahindra Bank Ltd., Rajajinagar, Bengaluru -7- NC: 2025:KHC:41459 CRL.RP No. 1147 of 2025 HC-KAR and handed over to respondent/complainant on 15.09.2025. Balance amount of Rs.6,00,000/- would be paid on or before 15.03.2026 by way of Online Transfer to complainant's bank account.
10. It is agreed between parties that in case of default in compliance with terms of settlement, complainant would be entitled to pursue other remedies available to him for recovery of amount due and payable by petitioner/accused as mentioned in para-5.
11. In terms of settlement, this Criminal Revision Petition is allowed; concurrent judgment of conviction and order of sentences dated 13.06.2025 passed by LXXIV Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-
75), in Crl.A.no.25391/2021 and dated 14.10.2024 passed by XXXIV Addl. Chief Judicial Magistrate, Mayo Hall Unit, Bengaluru (ACJM-34), in C.C.no.59836/2018, are set-aside, acquitting petitioner of offence alleged.
Sd/-
(RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 40