Citation : 2025 Latest Caselaw 1649 Kant
Judgement Date : 24 July, 2025
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NC: 2025:KHC:28197
CRL.A No. 380 of 2015
C/W CRL.RP No. 103 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 380 OF 2015
C/W
CRIMINAL REVISION PETITION NO. 103 OF 2015
IN CRL.A No. 380/2015
BETWEEN:
K.K. JAYANTHI
W/O B.U.MACHAIAH,
RESIDING NEAR VIJAYA VINAYAKA TEMPLE,
MADIKERI TOWN,
MADIKERI - 571 201.
...APPELLANT
(BY SRI. CHARAN KUMAR K.V., ADVOCATE)
AND:
PRAMILA SHETTY
W/O. KRISHNA SHETTY,
Digitally signed by RESIDENT OF RAJA SEAT ROAD,
LAKSHMINARAYANA
MURTHY RAJASHRI MADIKERI,
Location: HIGH KODAGU DISTRICT - 571 201.
COURT OF
KARNATAKA ...RESPONDENT
(BY SRI. HARSHA G. ADVOCATE FOR
SRI. SACHIN B S ., ADVOCATE)
THIS CRL.A IS FILED UNDER SECTION 378(4) CR.P.C
PRAYING TO SET ASIDE THE ORDER DATED 21.11.2014
PASSED BY I ADDITIONAL DISTRICT & SESSIONS JUDGE,
KODAGU-MADIKERI IN CRIMINAL APPEAL NO.47/2007
CONFIRMING THE ORDER PASSED BY ADDITIONAL CIVIL
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NC: 2025:KHC:28197
CRL.A No. 380 of 2015
C/W CRL.RP No. 103 of 2015
HC-KAR
JUDGE, (JR.DN.) AND JMFC, MADIKERI IN C.C.NO.1636/2003
DATED 25.06.2007 AND ETC.
IN CRL.RP NO. 103/2015
BETWEEN:
PRAMILA SHETTY
W/O. KRISHNA SHETTY,
AGED ABOUT 45 YEARS,
R/AT: RAJASEAT ROAD,
KODAGU-MADIKERI - 571 201.
...PETITIONER
(BY SRI. HARSHA G. ADVOCATE FOR
SRI. SACHIN B S ., ADVOCATE)
AND:
K.K. JAYANTHI
W/O. B.U. MACHAIAH
AGED ABOUT 45 YEARS,
R/AT: NEAR VIJAYA VINAYAKA
TEMPLE, MADIKERI TOWN,
KODAGU DISTICT - 571 201.
...RESPONDENT
(BY SRI. CHARANKUMAR K.V., ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 379 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT DATED 21.11.2014 IN
CRL.A.NO.47/2007 ON THE FILE OF THE IADDITIONAL
DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI
CONFIRMING THE JUDGMENT OF THE TRIAL COURT IN
C.C.NO.1636/2003 DATED 25.06.2007 ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE (JR.DN.) & JMFC, MADIKERI AND
ETC.
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NC: 2025:KHC:28197
CRL.A No. 380 of 2015
C/W CRL.RP No. 103 of 2015
HC-KAR
THIS CRIMINAL APPEAL AND CRIMINAL REVISION
PETITION ARE COMING ON FOR FINAL HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
Joint memo is filed and it is jointly signed by
complainant-respondent and his counsel and learned
counsel for the petitioner-accused.
2. As per the terms of joint memo, the matter is
settled for Rs.6,00,000/- including the amount in deposit
in a sum of Rs.4,00,000/- deposited by the accused. The
accused is undertaking to pay balance amount of
Rs.2,00,000/- within two months from this day by way of
Demand Draft.
3. The complainant has agreed for receiving the
balance amount of Rs.2,00,000/- within two months by
way of Demand Draft.
NC: 2025:KHC:28197
HC-KAR
4. Accused has no objection for complainant to
withdraw the amount in deposit in a sum of Rs.4,00,000/-
deposited by the accused before the trial Court.
5. In view of the above settlement, the offence
under Section 138 of Negotiable Instruments Act is
compounded.
6. In view of the compounding, both Criminal
Appeal and Criminal Revision Petition are disposed of as
offence is compounded.
7. Complainant is permitted to withdraw
Rs.4,00,000/- deposited by the accused before the trial
Court.
8. If the accused fails to pay the balance amount
of Rs.2,00,000/- within two months as agreed, the trial
Court judgment will revive.
9. The complainant shall furnish her bank account
details, so as to enable the trial Court to transfer the
NC: 2025:KHC:28197
HC-KAR
amount deposited by the accused directly to bank account
of the complainant.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
KLV
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