Karnataka High Court
Mr. Padmanabhaiah vs M/S Sumukha Enterprises on 11 August, 2025
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NC: 2025:KHC:31031
CRL.RP No. 506 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL REVISION PETITION NO. 506 OF 2023
BETWEEN:
MR PADMANABHAIAH,
S/O LATE C VENKATASWAMI,
AGED ABOUT 64 YEARS,
CHAIRMAN VILLAGE STUDIO RESORT AND SPA,
SY NO.143/2A, NANDINI HILLS CROSS,
HEGGADAHALLI POST, TUBEGER HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL-561205.
...PETITIONER
(BY SRI NAGARAJA K G, ADVOCATE)
AND:
M/S SUMUKHA ENTERPRISES,
HAVING ITS OFICE AT NO.74,
5TH CROSS, JAIMARUTHINAGAR,
YESHWANTHPUR, BENGALURU-560022,
Digitally
REP. BY ITS PROPRIETOR S ANAND.
signed by C
HONNUR SAB ...RESPONDENT
(BY SMT MALAVIKA C, ADVOCATE FOR
Location: SMT URMILA PULLAT, ADVOCATE)
HIGH COURT
OF
KARNATAKA THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION ORDER DATED 08.10.2020, IN C.C.NO.556 OF
2019 PASSED BY THE XXII ACMM, AT BENGALURU AND ALSO
SET ASIDE THE ORDER DATED 20.01.2023 PASSED IN
CRL.APL.NO.771 OF 2020 ON THE FILE OF THE LXIII ADDL.
CITY CIVIL AND SESSIONS JUDGE, (CCH-64) AT BENGALURU
WHERE THE APPELLANT COURT HAS CONFIRMED THE ORDER
OF CONVICTION AND ACQUIT THE PETITIONER FOR THE
OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENT ACT.
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NC: 2025:KHC:31031
CRL.RP No. 506 of 2023
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Office objections are over-ruled.
2. This petition is against the concurrent finding of
the Courts below under Section 138 of the Negotiable
Instruments Act. Petitioner is sentenced to pay fine of
Rs.1,50,000/- on account of dishonour of cheque of
Rs.1,22,731/-.
3. Learned counsel for the petitioner submits that
petitioner has deposited 50% of the fine amount before
the Trial Court. Respondent/complainant has filed an
application for release of the said amount.
4. Learned counsel for the petitioner submits that
dispute is amicably settled.
NC: 2025:KHC:31031
HC-KAR
5. Petitioner/accused is present before the Court.
Respondent/complainant is also present before the Court.
Parties are identified by their respective counsel.
6. Learned counsel for the petitioner and the
respondent jointly submit that in addition to the amount
in deposit, accused has agreed to pay Rs.70,000/-
towards full and final settlement of his claim which the
complainant has agreed to receive.
7. Complainant who is present before the Court
admits that dispute is settled and he is entitled to
withdraw the amount in deposit, and also Rs.70,000/- to
be paid by way of demand draft.
8. Petitioner has also handed over a demand draft
bearing No.496867 dated 08.08.2025 for Rs.70,000/-
drawn on Central Bank of India. The complainant who is
present before the Court acknowledges the demand draft.
9. Considering the submissions, settlement is
accepted.
NC: 2025:KHC:31031
HC-KAR
10. Joint memo filed by the petitioner and the
respondent is accepted and is taken on record.
11. Hence, the following:
ORDER
(i) Petition is disposed of.
(ii) The judgment dated 08.10.2020 passed by
the Additional Chief Metropolitan Magistrate,
Bengaluru in C.C.No.556/2019 and the
judgment dated 20.01.2023 passed by the
Sessions Judge, Bengaluru in Criminal
Appeal No.771/2020 are set-aside.
(iii) The amount in deposit shall be released in
favour of the complainant/respondent.
(iv) Bail bond stands cancelled.
(v) Accused is acquitted.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
BRN
