Karnataka High Court
Smt. Kalavathi R vs Mr. S. Venugopal on 21 July, 2025
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NC: 2025:KHC:27318
CRL.RP No. 418 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL REVISION PETITION NO. 418 OF 2020
(397(Cr.PC) / 438(BNSS))
BETWEEN:
1. SMT. KALAVATHI R
W/O RAGHU RAJ VADAVI,
HINDU,
AGED ABOUT 44 YEARS,
RESIDING AT BRAHMIN STREET,
NEAR RAYARA MATA,
HOSAKOTE, BENGALURU-562114.
...PETITIONER
(BY SRI. K. MURTHY,ADVOCATE)
AND:
1. MR.S.VENUGOPAL,
S/O Y M S RAO,
Digitally signed by
LAKSHMINARAYAN N
HINDU,
Location: HIGH
COURT OF AGED ABOUT 58 YEARS,
KARNATAKA
RESIDING AT NO.35/39,
SHANKARAPURAM,
BENGALURU-560021
...RESPONDENT
(BY SRI.A.P.PULAKESHI.,ADVOCATE)
THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER / JUDGMENT DATED 13.02.2020 IN
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CRL.RP No. 418 of 2020
HC-KAR
CRL.A.NO.1453/2017, PASSED BY THE LXIV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE (CCH-65), CONFIRMING THE
ORDER DATED 12.09.2017 PASSED BY THE XVI ADDL.CHIEF
METROPOLITAN MAGISTRATE, BANGALORE IN
C.C.NO.26710/2015 AND GRANT SUCH OTHER RELIEF'S AS
DEEM FIT UNDER THE FACTS CIRCUMSTANCES OF THE CASE
UNDER THE GIVEN FACTS AND CIRCUMSTANCES BY
ALLOWING THIS CRIMINAL REVISION PETITION IN THE
INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
Both parties and their counsel are present before the
Court.
2. Both parties have filed the application under
Section 147 of the Negotiable Instruments Act, 1881, read
with Section 320 of of Cr.PC. Joint memo is filed regarding
the settlement arrived at between the parties.
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HC-KAR
3. The contents of the compromise petition are
read over and explained to both parties. Both have
accepted the same and submit that the parties have
voluntarily settled the matter for Rs.8,15,000/- (Rupees
Eight Lakh Fifteen Thousand Only) as full and final
settlement. As per terms of the settlement, today the
complainant / respondent has received a Demand Draft for
Rs.3,10,000/- (Rupees Three Lakh Ten Thousand Only)
vide DD No.508295, dated 06.07.2023, drawn on ICICI
Bank, Nagarabhavi Branch, Bangalore City. It is also
stated in the compromise petition that, on 02.07.2025, the
complainant received an amount of Rs.1,00,000/- (Rupees
One Lakh Only) in cash. The complainant has also received
an amount of Rs.1,50,000/-(Rupees One Lakh Fifty
Thousand Only) deposited by the petitioner before the
trial Court in terms of the order passed in Crl.Appeal
No.1453/2017 vide Q.No.13736/2019 dated 16.12.2017.
Further, the complainant has agreed to withdraw the
amount of Rs.2,55,000/- (Rupees Two Lakh Fifty Five
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HC-KAR
Thousand Only) deposited by the petitioner before the trial
Court, vide Q.No.4731/2021 dated 24.02.2021, which is in
judicial deposit. Accordingly, total amount of
Rs.8,15,000/- (Rupees Eight Lakh Fifteen Thousand Only)
is paid.
4. In view of this compromise petition, I proceed
to pass the following:
ORDER
i. The Criminal Revision Petition is hereby
disposed off.
ii. The application is filed under Section 147 of
the Negotiable Instruments Act read with
Section 320 of Cr.PC is hereby allowed.
iii. Compromise petition is taken on record.
iv. The judgment of conviction and order of
sentence dated 12.09.2017, passed in CC
No.26710/2015 by the trial Court which is
confirmed by judgment dated 13.02.2020,
passed in Criminal Appeal No.1453/2017 by
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HC-KAR
the LXIV Addl.City Civil and Sessions Judge,
Bengaluru City (CCH-65), are set aside;
v. The accused is acquitted for the offence
punishable under Section 138 of the
Negotiable Instruments Act.
vi. The trial Court is directed to release the
amount of Rs.2,55,000/- (Two Lakh Fifty Five
Thousand Only) with accrued interest in
favour of the respondent/complainant
Sri.S.Venugopal S/o Y.M.S.Rao, which is
deposited in Q.No.4731/2021 dated
24.02.2021 and which is in a judicial deposit.
vii. Send the copy of this Order to the trial Court
along with the TCR, to disburse the amount
in favour of the complainant.
Sd/-
(G BASAVARAJA)
JUDGE
CH
