Karnataka High Court
Dr Major Bhaskar vs Sri G R Muniraju on 27 February, 2025
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NC: 2025:KHC:8464
CRL.RP No. 96 of 2016
C/W CRL.RP No. 97 of 2016
CRL.RP No. 98 of 2016
AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 96 OF 2016
C/W
CRIMINAL REVISION PETITION NO. 97 OF 2016
CRIMINAL REVISION PETITION NO. 98 OF 2016
CRIMINAL REVISION PETITION NO. 99 OF 2016
IN CRL.RP No. 96/2016
BETWEEN:
DR MAJOR BHASKAR
S/O KRISHNAMURTHY
AGED ABOUT 49 YEARS
RESIDING AT NO. 205
'B' BLOCK, ANISHA GASANDER APARTMENTS
29TH CROSS, KAGGADASAPURA
BANGALORE - 560 093.
Digitally
signed by
NARAYANA
UMA ...PETITIONER
Location:
HIGH COURT (BY SRI. NEHRU P, ADVOCATE)
OF
KARNATAKA AND:
SRI G R MUNIRAJU
S/O RAMAKRISHNAPPA
AGED ABOUT 80 YEARS
1 FLOOR 1ST MAIN ROAD
4TH CROSS, NEAR CANARA BANK
MALLESHWARAM
BANGALORE - 560 003.
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NC: 2025:KHC:8464
CRL.RP No. 96 of 2016
C/W CRL.RP No. 97 of 2016
CRL.RP No. 98 of 2016
AND 1 OTHER
SINCE DIED REPRESENTED BY HIS LEGAL HIRES
GIRIRAJ
1. AGED 56 YEARS
NO.29 FIRST FLOOR
17TH CROSS, SIDDASHRAMA ROAD
MALLESHWARAM
BENGALURU - 560 003.
2. M. SHASHIKALA
W/O KRISHNAMURTHY V
AGED 53 YEARS
NO.16, FIRST FLOOR
2ND MAIN SHESHADRIPURAM
BENGALURU - 560 020.
M. HEMALATHA
3. W/O D. KONDANDARAMA
AGED 50 YEARS
NO. 18, 37TH CROSS
15TH MAIN, 4TH T BLOCK
JAYANAGAR
BENGALURU - 560 041.
...RESPONDENTS
(BY SRI. M VINOD KUMAR FOR LR'S, ADVOCATE)
THIS CRL.RP FILED U/S.397(1) R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ENTIER IMPUGNED ORDER AND
JUDGEMENT PASSED BY THE XXI ADDL.C.M.M., BANGALROE IN
C.C.NO. 13613/2013 DATED 01.04.2015 AND THE ORDER
DATED 31.12.2015 BY THE LXIV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, CHH-65 BANGALORE IN CRL.A.NO.
630/2015.
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NC: 2025:KHC:8464
CRL.RP No. 96 of 2016
C/W CRL.RP No. 97 of 2016
CRL.RP No. 98 of 2016
AND 1 OTHER
IN CRL.RP No. 97/2016
BETWEEN:
DR MAJOR BHASKAR
S/O KRISHNAMURTHY
AGED ABOUT 49 YEARS
RESIDING AT NO. 205
'B' BLOCK, ANISHA GASANDER APARTMENTS
29TH CROSS, KAGGADASAPURA
BANGALORE - 560 093.
...PETITIONER
(BY SRI. NEHRU P, ADVOCATE)
AND:
SRI G R MUNIRAJU
S/O RAMAKRISHNAPPA
AGED ABOUT 80 YEARS
1 FLOOR 1ST MAIN ROAD
4TH CROSS, NEAR CANARA BANK
MALLESHWARAM
BANGALORE - 560 003.
SINCE DIED REPRESENTED BY HIS LEGAL HIRES
1. GIRIRAJ
AGED 56 YEARS
NO.29 FIRST FLOOR
17TH CROSS, SIDDASHRAMA ROAD
MALLESHWARAM
2. BENGALURU - 560 003.
M. SHASHIKALA
W/O KRISHNAMURTHY V
AGED 53 YEARS
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NC: 2025:KHC:8464
CRL.RP No. 96 of 2016
C/W CRL.RP No. 97 of 2016
CRL.RP No. 98 of 2016
AND 1 OTHER
NO.16, FIRST FLOOR
2ND MAIN SHESHADRIPURAM
BENGALURU - 560 020.
3. M. HEMALATHA
W/O D. KONDANDARAMA
AGED 50 YEARS
NO. 18, 37TH CROSS
15TH MAIN, 4TH T BLOCK
JAYANAGAR
BENGALURU - 560 041.
...RESPONDENTS
(BY SRI. M VINOD KUMAR FOR LR'S, ADVOCATE)
THIS CRL.RP FILED U/S.397(1) R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ENTIER IMPUGNED ORDER AND JUDGMENT
PASSED BY THE XXI ADDL.C.M.M., BANGALROE IN C.C.NO.
13612/2013 DATED 01.04.2015 AND THE ORDER DATED
31.12.2015 BY THE LXIV ADDL. CITY CIVIL AND SESSIONS
JUDGE, CHH-65, BANGALORE IN CRL.A.NO. 629/2015.
IN CRL.RP No. 98/2016
BETWEEN:
DR MAJOR BHASKAR
S/O KRISHNAMURTHY
AGED ABOUT 49 YEARS
RESIDING AT NO. 205
'B' BLOCK, ANISHA GASANDER APARTMENTS
29TH CROSS, KAGGADASAPURA
BANGALORE - 560 093.
...PETITIONER
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NC: 2025:KHC:8464
CRL.RP No. 96 of 2016
C/W CRL.RP No. 97 of 2016
CRL.RP No. 98 of 2016
AND 1 OTHER
(BY SRI. NEHRU P, ADVOCATE)
AND:
SRI G R MUNIRAJU
S/O RAMAKRISHNAPPA
AGED ABOUT 80 YEARS
1 FLOOR 1ST MAIN ROAD
4TH CROSS, NEAR CANARA BANK
MALLESHWARAM
BANGALORE - 560 003.
SINCE DIED REPRESENTED BY HIS LEGAL HIRES
1. GIRIRAJ
AGED 56 YEARS
NO.29 FIRST FLOOR
17TH CROSS, SIDDASHRAMA ROAD
MALLESHWARAM
2. BENGALURU - 560 003.
M. SHASHIKALA
W/O KRISHNAMURTHY V
AGED 53 YEARS
NO.16, FIRST FLOOR
2ND MAIN SHESHADRIPURAM
BENGALURU - 560 020.
3. M. HEMALATHA
W/O D. KONDANDARAMA
AGED 50 YEARS
NO. 18, 37TH CROSS
15TH MAIN, 4TH T BLOCK
JAYANAGAR
BENGALURU - 560 041.
...RESPONDENTS
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NC: 2025:KHC:8464
CRL.RP No. 96 of 2016
C/W CRL.RP No. 97 of 2016
CRL.RP No. 98 of 2016
AND 1 OTHER
(BY SRI. M VINOD KUMAR FOR LR'S, ADVOCATE)
THIS CRL.RP FILED U/S.397(1) R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ENTIER IMPUGNED ORDER AND JUDGMENT
PASSED BY THE XXI ADDL.C.M.M., BANGALROE IN C.C.NO.
13611/2013 DATED 01.04.2015 AND THE ORDER DATED
31.12.2015 BY THE LXIV ADDITIONAL CITY CIVIL AND
SESSION JUDGE, CHH-65 BANGALORE IN CRL.A.NO. 628/2015.
IN CRL.RP No. 99/2016
BETWEEN:
DR MAJOR BHASKAR
S/O KRISHNAMURTHY
AGED ABOUT 49 YEARS
RESIDING AT NO. 205
'B' BLOCK, ANISHA GASANDER APARTMENTS
29TH CROSS, KAGGADASAPURA
BANGALORE - 560 093.
...PETITIONER
(BY SRI. NEHRU P, ADVOCATE)
AND:
SRI G R MUNIRAJU
S/O RAMAKRISHNAPPA
AGED ABOUT 80 YEARS
1 FLOOR 1ST MAIN ROAD
4TH CROSS, NEAR CANARA BANK
MALLESHWARAM
BANGALORE - 560 003.
SINCE DIED REPRESENTED BY HIS LEGAL HIRES
1. GIRIRAJ
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NC: 2025:KHC:8464
CRL.RP No. 96 of 2016
C/W CRL.RP No. 97 of 2016
CRL.RP No. 98 of 2016
AND 1 OTHER
AGED 56 YEARS
NO.29 FIRST FLOOR
17TH CROSS, SIDDASHRAMA ROAD
MALLESHWARAM
2. BENGALURU - 560 003.
M. SHASHIKALA
W/O KRISHNAMURTHY V
AGED 53 YEARS
NO.16, FIRST FLOOR
2ND MAIN SHESHADRIPURAM
BENGALURU - 560 020.
3. M. HEMALATHA
W/O D. KONDANDARAMA
AGED 50 YEARS
NO. 18, 37TH CROSS
15TH MAIN, 4TH T BLOCK
JAYANAGAR
BENGALURU - 560 041.
...RESPONDENTS
(BY SRI. M VINOD KUMAR FOR LR'S, ADVOCATE)
THIS CRL.RP FILED U/S.397(1) R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ENTIER IMPUGNED ORDER AND
JUDGEMENT PASSED BY THE XXI ADDL.C.M.M., BANGALROE IN
C.C.NO. 13614/2013 DATED 01.04.2015 AND THE ORDER
DATED 31.12.2015 BY THE LXIV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, CHH-65 BANGALORE IN CRL.A.NO.
631/2015.
THESE PETITIONS, COMING ON FOR FINAL HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S RACHAIAH
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NC: 2025:KHC:8464
CRL.RP No. 96 of 2016
C/W CRL.RP No. 97 of 2016
CRL.RP No. 98 of 2016
AND 1 OTHER
ORAL ORDER
1. Heard Sri.Nehru.P, learned counsel for the
petitioner and Sri.M.Vinod Kumar, learned counsel for the
respondent in all the cases.
2. With the consent of learned counsel for both the
parties, the matters are connected and taken up together for
disposal.
3. Both learned counsels submit that the parties have
settled the dispute amicably and filed a Joint Memo. The joint
memo is taken on record.
4. The Joint Memo is duly signed by the parties and
their respective counsels which reads as under:
"JOINT MΕΜΟ
The petitioner and the Respondent named above
respectfully submits before this Hon'ble Court that
at the instance of well wishers and friends, the
parties in the above case, had settled the dispute
amicably on the following terms and conditions :
1. That the petitioner and the respondents have
agreed to close the case on payment of the cheque
NC: 2025:KHC:8464
AND 1 OTHER
amounts in each of the above case. The total
cheque amounts being Rs.6,00,000/- in full and
final settlement towards the above cases. The
petitioner had already deposited cumulatively an
amount of Rs.1,50,000/- in the above cases in the
trial Court i.e, 21st Addl. Metropolitan Magistrate,
Bengaluru i.e, 25% of the cheque amount as
directed in the Crl.Appeal. The petitioner has got no
objection for the respondents to withdraw the said
amount of Rs.1,50,000/- deposited by the
petitioner. It is agreed that the petitioner has to
pay cumulatively a sum of Rs.4,50,000/- to close
the claim of the respondents in all the above cases.
2. The petitioner today has handed over D.D
No.1060 dated 25.02.2025 for Rs.25,000/- drawn
on Bank of India, Jeevan Bhimanagar Branch in
favour of M.Giriraj, D.D No.1061 dated 25.02.2025
for Rs.1,00,000/- drawn on Bank of India, Jeevan
Bhimanagar Branch in favour of M.Shashikala and
D.D No.1062 dated 25.02.2025 for Rs.1,00,000/-
drawn on Bank of India, Jeevan Bhimanagar Branch
in favour of M.Hemalatha i.e., in all Rs.2.25,000/-
as part payment in the above cases.
3. The petitioner undertakes to pay the balance
amount of Rs.2,25,000/- by 2nd week of March
2025 as final payment.
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NC: 2025:KHC:8464
AND 1 OTHER
WHEREFORE, the petitioner and the respondents
prays this Hon'ble Court may be pleased to record
the settlement by virtue of this Joint Memo to meet
the ends of justice."
5. In terms of the averments stated above, the parties
have settled the matters amicably and sought to dispose of the
matters as per the terms and conditions stated above. Their
submissions are placed on record.
6. On perusal of the above said terms and conditions
and also considering the offence which is punishable under
Section 138 of the N.I. Act, which is compoundable in nature,
there is no embargo to this Court to record the compromise in
terms as stated supra.
7. Accordingly, I proceed to pass the following:
ORDER
(i) The Criminal Revision Petitions stand disposed
of in terms of the compromise.
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NC: 2025:KHC:8464
AND 1 OTHER
In Criminal Revision Petition No.96/2016
(ii) The judgment of conviction and order of
sentence dated 01.04.2015 passed in
C.C.No.13613/2013 by XXI Additional Chief
Metropolitan Magistrate, Bangalore and its
confirmation judgment and order dated
31.12.2015 passed in Crl.A. No.630/2015 by
the LXIV Additional City Civil and Sessions
Judge, (CCH-65) at Bengaluru are set aside.
In Criminal Revision Petition No.97/2016
(iii) The judgment of conviction and order of
sentence dated 01.04.2015 passed in
C.C.No.13612/2013 by XXI Additional Chief
Metropolitan Magistrate, Bangalore and its
confirmation judgment and order dated
31.12.2015 passed in Crl.A. No.629/2015 by
the LXIV Additional City Civil and Sessions
Judge, (CCH-65) at Bengaluru are set aside.
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AND 1 OTHER
In Criminal Revision Petition No.98/2016
(iv) The judgment of conviction and order of
sentence dated 01.04.2015 passed in
C.C.No.13611/2013 by XXI Additional Chief
Metropolitan Magistrate, Bangalore and its
confirmation judgment and order dated
31.12.2015 passed in Crl.A. No.628/2015 by
the LXIV Additional City Civil and Sessions
Judge, (CCH-65) at Bengaluru are set aside.
In Criminal Revision Petition No.99/2016
(v) The judgment of conviction and order of
sentence dated 01.04.2015 passed in
C.C.No.13614/2013 by XXI Additional Chief
Metropolitan Magistrate, Bangalore and its
confirmation judgment and order dated
31.12.2015 passed in Crl.A. No.631/2015 by
the LXIV Additional City Civil and Sessions
Judge, (CCH-65) at Bengaluru are set aside.
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AND 1 OTHER
(vi) The petitioner / accused is acquitted for the
offence punishable under Section 138 of
Negotiable Instruments Act in all the cases.
(vii) The Trial Court is directed to release the
amount, which is deposited by the petitioner /
accused in all the cases in favour of
respondent No.1-Sri.Girish, legal
representative of deceased respondent /
complainant forthwith, on proper identification
and on production of certified copy of the
order of this Court.
(viii) Bail bond executed, if any, stands cancelled.
(ix) Liberty is reserved to the legal representatives
of the deceased respondent / complainant to
revive the petition, in case, if the petitioner
fails to adhere to the terms and conditions
stipulated under joint memo.
Sd/-
(S RACHAIAH)
JUDGE
