Karnataka High Court
Sri Rajesh Gopal vs Sri K L Amarnath on 14 July, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC:25810
CRL.RP No. 782 of 2017
C/W CRL.RP No. 780 of 2017
CRL.RP No. 781 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL REVISION PETITION No. 782 OF 2017
C/W
CRIMINAL REVISION PETITION No. 780 OF 2017
CRIMINAL REVISION PETITION No. 781 OF 2017
IN CRL.RP No. 782/2017
BETWEEN:
SRI RAJESH GOPAL
S/O LATE V.B. GOPAL
AGED ABOUT 41 YEARS
R/AT No.63, 2ND CROSS
ANDHRA MUNIYAPPA LAYOUT
CHELLIKERE
BENGALURU - 560 043.
...PETITIONER
Digitally
signed by
PADMASHREE (BY SRI S R SREEPAD, ADVOCATE)
SHEKHAR
DESAI AND:
Location:
HIGH COURT SRI K L AMARNATH
OF S/O LAKSHMINARAYAN
KARNATAKA
AGED ABOUT 50 YEARS
R/AT No.44, 10TH MAIN
MALLESHWARAM
BENGALURU - 560 010.
...RESPONDENT
(BY SRI MOHAN S, ( NOC) ADVOCATE)
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NC: 2025:KHC:25810
CRL.RP No. 782 of 2017
C/W CRL.RP No. 780 of 2017
CRL.RP No. 781 of 2017
HC-KAR
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE ORDER AND
JUDGMENT DATED 12.06.2017 PASSED BY THE LXVI ADDL.
CITY CIVIL AND S.J., BANGALORE IN CRL.A.No.297/2015
CONFIRMING THE JUDGMENT AND ORDER DATED 03.02.2015
PASSED BY THE XIX ACMM, BANGALORE IN C.C.No.8168/2012
CONVICTING THE PETR. TO PAY THE FINE AMOUNT OF
Rs.3,05,000/- AND IN DEFAULT OF PAYMENT TO UNDERGO SIX
MONTHS SIMPLE IMPRISONMENT AND ACQUIT THE PETR. OF
THE CHARGES LEVELED AGAINST HIM AND ETC.,
IN CRL.RP No. 780/2017
BETWEEN:
SRI RAJESH GOPAL
S/O LATE V.B. GOPAL
AGED ABOUT 41 YEARS
R/AT No.63, 2ND CROSS
ANDHRA MUNIYAPPA LAYOUT
CHELLIKERE
BENGALURU - 560 043.
...PETITIONER
(BY SRI S R SREEPAD, ADVOCATE)
AND:
SRI K L AMARNATH
S/O LAKSHMINARAYAN
AGED ABOUT 50 YEARS
R/AT No.44, 10TH MAIN
MALLESHWARAM
BENGALURU - 560 010.
...RESPONDENT
(BY SRI MOHAN S, ( NOC) ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE ORDER AND
JUDGMENT DATED 12.06.2017 PASSED BY THE LXVI ADDL.
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NC: 2025:KHC:25810
CRL.RP No. 782 of 2017
C/W CRL.RP No. 780 of 2017
CRL.RP No. 781 of 2017
HC-KAR
CITY CIVIL AND S.J., BANGALORE IN CRL.A.No.298/2015
CONFIRMING THE JUDGMENT AND ORDER DATED 03.02.2015
PASSED BY THE XIX ACMM, BANGALORE IN C.C.No.8166/2012
CONVICTING THE PETR. TO PAY THE FINE AMOUNT OF
Rs.2,50,000/- AND IN DEFAULT OF PAYMENT TO UNDERGO SIX
MONTHS SIMPLE IMPRISONMENT AND ACQUIT THE PETR. OF
THE CHARGES LEVELED AGAINST HIM AND ETC.,
IN CRL.RP No. 781/2017
BETWEEN:
SRI RAJESH GOPAL
S/O LATE V.B. GOPAL
AGED ABOUT 41 YEARS
R/AT No.63, 2ND CROSS
ANDHRA MUNIYAPPA LAYOUT
CHELLIKERE
BENGALURU - 560 043.
...PETITIONER
(BY SRI S R SREEPAD, ADVOCATE)
AND:
SRI K L AMARNATH
S/O LAKSHMINARAYAN
AGED ABOUT 50 YEARS
R/AT No.44, 10TH MAIN
MALLESHWARAM
BENGALURU - 560 010.
...RESPONDENT
(BY SRI MOHAN S, ( NOC) ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE ORDER AND
JUDGMENT DATED 12.06.2017 PASSED BY THE LXVI ADDL.
CITY CIVIL AND S.J., BANGALORE IN CRL.A.No.299/2015
CONFIRMING THE JUDGMENT AND ORDER DATED 03.02.2015
PASSED BY THE XIX ACMM, BANGALORE IN C.C.No.8167/2012
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NC: 2025:KHC:25810
CRL.RP No. 782 of 2017
C/W CRL.RP No. 780 of 2017
CRL.RP No. 781 of 2017
HC-KAR
CONVICTING THE PETR. TO PAY THE FINE AMOUNT OF
Rs.3,05,000/- AND IN DEFAULT OF PAYMENT TO UNDERGO SIX
MONTHS SIMPLE IMPRISONMENT AND ACQUIT THE PETR. OF
THE CHARGES LEVELED AGAINST HIM AND ETC.,
THESE PETITIONS COMING ON FOR HEARING THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
Petitioner present. Respondent present.
2. Learned counsel for the petitioner present and
learned counsel for respondent present.
3. An application under Section 147 of the N.I.Act is
filed. It is jointly signed by petitioner, respondent and
their respective counsels. On perusal of the averments
made in the application, all the three matters are settled
for Rs.7,00,000/-. The said settlement amount includes
the deposit in a sum of Rs.3,50,000/- deposited by the
petitioner before the trial Court. The petitioner has no
objection for the respondent to withdraw the said amount
in deposit made by the petitioner before the trial Court in
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HC-KAR
the all the three cases. The petitioner has agreed to pay
balance of Rs.3,50,000/- by way of three installments as
stated in para 6 of the application which reads thus:
"6. In so far as the balance, the petitioner undertakes
to pay a sum of Rs.3,50,000=00 by way of 3 (three)
instalments as follows:
1. The first instalment shall be Rs.1,00,000=00 to be
paid on or before 10.08.2025.
2. The second instalment shall be Rs.1,25,000=00 to
be paid on or before 10.9.2025.
3. The third instalment shall be Rs.1,25,000=00 to be
paid on or before 10.10.2025.
Thus in all the petitioner shall pay a sum of
Rs.3,50,000=00 without any default."
4. The respondent has agreed for receipt of balance
amount in three instalments as stated above. In view of
settlement, the offence under Section 138 of the N.I.Act is
compounded in all three cases. In view of compounding,
all the three criminal revision petitions are disposed of as
offence compounded. The respondent is permitted to
withdraw the amount in deposit in all the three cases. The
respondent shall furnish his bank account details to the
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HC-KAR
trial Court so as to enable it to transfer the amount in
deposit to his bank account directly.
5. If the petitioner-accused does not pay the balance
amount as agreed in three instalments then the judgment
passed by the trial Court in all the three cases revives.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
