Citation : 2025 Latest Caselaw 1131 Kant
Judgement Date : 16 July, 2025
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NC: 2025:KHC:26312
CRL.RP No. 564 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL REVISION PETITION NO. 564 OF 2018
BETWEEN:
SRI RATHNAM MAHENDRA
S/O. SRI. RATHNAM,
AGED ABOUT 49 YEARS,
RESIDING AT NO.1689/8,
1ST FLOOR, DR. RAJKUMAR ROAD,
PRAKASH NAGAR,
BANGALORE - 560 021.
...PETITIONER
(BY SRI. T S CHANDRAPRABHA, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA AND:
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA SRI T MURALIDHAR
S/O. SRI. T. THAME GOWDA,
AGED ABOUT 51 YEARS,
R/AT. NO.176, 1ST FLOOR,
15TH A CROSS,
MAHALAKSHMI LAYOUT,
BANGALORE - 560 086.
...RESPONDENT
(BY SRI. R S PATIL, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT
PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BANGALORE(CCH-68) IN CRL.A.NO.123/2017 DATED
16.04.2018 AND THE JUDGMENT PASSED BY THE XIX
A.C.M.M., BANGALORE DATED 2.1.2017 IN C.C.NO.3586/2016
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NC: 2025:KHC:26312
CRL.RP No. 564 of 2018
HC-KAR
AND ACQUIT THE PETITIODNER/ACCUSED FROM THE ALLEGED
OFFENCES IN THE ABOVE CASE.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
The petitioner and his counsel are present.
2. The respondent and his counsel are present.
3. Joint memo is filed and it is signed by the
petitioner, respondent and their respective counsels. As
per averments of the joint memo, the matter is settled for
Rs.7,50,000/- (rupees Seven Lakhs Fifty Thousand only)
including the amount in deposit, deposited by the
petitioner before the trial Court in a sum of Rs.2,63,750/-
(rupees Two Lakhs Sixty Three Thousand only). The
petitioner has no objections for the respondent to
withdraw the said amount in deposit, deposited by the
petitioner before the trial Court. The petitioner is paying
today a Demand Draft for a sum of Rs.2,00,000/- (rupees
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HC-KAR
Two Lakhs only) drawn in favor of the complainant dated
16.07.2025 bearing No.000963 drawn in HDFC Bank,
Rajajinagar, Bengaluru. The respondent reports receipt of
said Demand Draft.
4. The petitioner has agreed to pay balance
amount of Rs.2,86,250/- (rupees Two Lakhs Eight Six
Thousand Two Hundred Fifty only) to the respondent or his
counsel on or before 16.08.2025. The respondent has
agreed to receive the said balance amount of
Rs.2,86,250/- (rupees Two Lakhs Eight Six Thousand Two
Hundred Fifty only) on or before 16.08.2025. If the
petitioner fails to pay balance amount as agreed, the
judgment of conviction and order on sentence passed by
the trial Court will revive and the respondent is at liberty
to recover the fine amount in accordance with law.
5. In view of settlement, the offence punishable
under Section 138 of the Negotiable Instruments Act,
1881 is compounded. In view of compounding of the
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HC-KAR
offence, this Criminal Revision Petition is disposed of as
the offence is compounded.
6. The respondent is permitted to withdraw the
amount of Rs.2,63,750/- deposited by the petitioner
before the trial Court along with interest earned on it if the
said amount is kept in fixed deposit.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP
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