G C Kiran vs Sri B P Santhosh Kumar
2025 Latest Caselaw 858 Kant

Karnataka High Court

G C Kiran vs Sri B P Santhosh Kumar on 9 July, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                -1-
                                                               NC: 2025:KHC:25077
                                                           CRL.RP No. 265 of 2016


                      HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 9TH DAY OF JULY, 2025

                                              BEFORE
                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                          CRIMINAL REVISION PETITION No. 265 OF 2016
                      BETWEEN:

                         G C KIRAN
                         S/O G.S. CHANDRASHEKARAIAH
                         AGED ABOUT 44 YEARS
                         RESIDING AT No.435
                         5TH MAIN, 3RD PHASE, J.P. NAGAR
                         BENGALURU - 560 078.
                                                                  ...PETITIONER

Digitally signed by   (BY SRI. S. VASANTH MADHAV, ADVOCATE)
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH        AND:
COURT OF
KARNATAKA
                         SRI B P SANTHOSH KUMAR
                         S/O B S PRASANNA KUMAR
                         AGED ABOUT 41 YEARS
                         RESIDING AT No.3035
                         NEW EXTENSION
                         KOLAR - 563 101.
                                                                 ...RESPONDENT

                      (BY SMT. SHRAVANI P T ADVOCATE FOR
                      SRI B V ANANDA, ADVOCATE)

                           THIS CRL.RP IS FILED UNDER SECTION 397 Cr.P.C
                      PRAYING TO SET ASIDE THE IMPUGNED ORDER OF
                      CONVICTION DATED 14.11.2014 PASSED BY THE TRIAL COURT
                      OF     XXII   ADDL.C.M.M.,   BENGALURU     CITY    IN
                      C.C.No.22618/2012 VIDE ANNEXURE-A AND ALSO TO SET
                      ASIDE THE JUDGMENT DATED 09.02.2016 ORDER OF
                      CONFIRMATION PASSED BY THE FIRST APPELLANT COURT
                      LXVIII ADDL. CITY CIVIL AND S.J., BENGLARU CITY,
                                    -2-
                                                  NC: 2025:KHC:25077
                                             CRL.RP No. 265 of 2016


HC-KAR




BENGALURU IN CRL.A.No.1343/2014 VIDE ANNEXURE-B AND
ETC.

    THIS PETITION COMING ON FOR HEARING THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR


                         ORAL ORDER

1. Petitioner and his counsel are present.

Respondent and his counsel are present.

2. Joint memo is filed and it is signed by

petitioner, respondent and their respective counsel. As per

the terms of the joint memo the matter is settled for

Rs.7,00,000/-. Petitioner - accused has agreed to pay the

said amount of Rs.7,00,000/- in 7 monthly installments by

way of 7 cheques the details of which are as under:

         I. Dt. 26.07.2025     -          Ch. 72021958
     II. Dt. 04.08.2025        -          Ch. 72021952
     III. Dt. 15.09.2025       -          Ch. 72021953
     IV. Dt. 15.10.2025        -          Ch. 72021954
      V. Dt. 15.11.2025        -          Ch. 72021955
     VI. Dt. 15.12.2025        -          Ch. 72021956
    VII. Dt. 15.01.2026        -          Ch. 72021957

                                              NC: 2025:KHC:25077



HC-KAR




      3.    Respondent     -   complainant     has   agreed    for

receiving the amount in 7 monthly installments as noted

supra. If the cheques issued by the petitioner for making

payment of settled amount in installments is not

honoured, then the judgment passed by the trial Court will

revive.

4. In view of the above, offence under Section 138

of Negotiable Instruments Act is compounded. In view of

compounding of the offence, revision petition is disposed

of as offence is compounded. If in case any of the cheques

issued by the petitioner - accused to respondent -

complainant is dishonoured, then the judgment of the trial

Court will revive and respondent - complainant is at liberty

to enforce the judgment of the trial Court.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

LRS