Karnataka High Court
Sri Palraj vs Smt. Nerellasrivani on 12 March, 2025
-1-
NC: 2025:KHC:10561
CRL.RP No. 320 of 2025
c/w CRL.RP No. 323 of 2025
CRL.RP No. 324 of 2025
AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO. 320 OF 2025
(397(Cr.PC) / 438(BNSS))
C/W
CRIMINAL REVISION PETITION NO. 323 OF 2025
CRIMINAL REVISION PETITION NO. 324 OF 2025
CRIMINAL REVISION PETITION NO. 327 OF 2025
IN CRL.RP NO. 320/2025
BETWEEN:
SRI PALRAJ
S/O LATE GANAIAH
AGED ABOUT 52 YEARS
R/AT SAI KRUPA ENTERPRISES
NO. 342, PARANATHI NILAYAM
NEAR HDFC BANK
BEHIND KEERTHI APARTMENT
Digitally KRISHNAPPA LAYOUT, KADUGODI
signed by
REKHA R BELTHURU, BENGALURU-560 050
Location: ...PETITIONER
High Court (BY SRI. BALASUBRAMANYA B N, ADVOCATE)
of
Karnataka
AND:
SMT. NERELLA SRIVANI
W/O N.SREENIVASALU,
D/O LATE RADHAKRISHNA MURTHY
AGED ABOUT 42 YEARS
R/AT NO. 12, MANJUNATHA LAYOUT
1ST CROSS, BASAVANAPURA LAYOUT
AYAPPANAGAR,
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NC: 2025:KHC:10561
CRL.RP No. 320 of 2025
c/w CRL.RP No. 323 of 2025
CRL.RP No. 324 of 2025
AND 1 OTHER
K R PURAM,
BENGALURU-560 067
...RESPONDENT
(BY SRI.MANJUNATHA REDDY.K.G, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S 438
R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER
PRAYING TO SET ASIDE THE JUDGMENT DATED 03.12.2024
PASSED BY THE HONBLE LXXIII ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU (CCH-74) IN CRL.A
NO.25109/2022 AND THE JUDGMENT DATED 21.04.2022
PASSED BY THE LEARNED XXXIII ACMM, BANGALORE IN
C.C.NO.57052/2017, AND ACQUIT THE PETITIONER/ACCUSED.
IN CRL.RP NO. 323/2025
BETWEEN:
SRI PALRAJ
S/O LATE GANAIAH
AGED ABOUT 52 YEARS
R/AT SAI KRUPA ENTERPRISES
NO 342, PARANATHI NILAYAM
NEAR HDFC BANK,
BEHIND KEERTHI APARTMENT,
KRISHNAPPA LAYOUT,
KADUGODI, BELTHURU,
BENGALURU-560050
...PETITIONER
(BY SRI. BALASUBRAMANYA B N, ADVOCATE)
AND:
SMT. NERELLA SRIVANI
W/O N.SRINIVASALU,
D/O LATE RADHAKRISHNA MURTHY
AGED ABOUT 42 YEARS
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NC: 2025:KHC:10561
CRL.RP No. 320 of 2025
c/w CRL.RP No. 323 of 2025
CRL.RP No. 324 of 2025
AND 1 OTHER
R/AT NO. 12, MANJUNATHA LAYOUT
1ST CROSS, BASAVANAPURA LAYOUT
AYAPPANAGAR, K R PURAM,
BENGALURU-560 067
...RESPONDENT
(BY SRI.MANJUNATHA REDDY K.G, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S
438 R/W 442 BNSS) BY THE ADVOCATE FOR THE
PETITIONER PRAYING TO SET ASIDE THE JUDGMENT
DATED 03.12.2024 PASSED BY THE HONBLE LXXIII ADDL.
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-74)
IN CRL.A NO.25110/2022 AND THE JUDGMENT DATED
21.04.2022 PASSED BY THE LEARNED XXXIII ACMM,
BANGALORE IN C.C.NO.54508/2018, AND ACQUIT THE
PETITIONER/ACCUSED.
IN CRL.RP NO. 324/2025
BETWEEN:
SRI PALRAJ
S/O LATE GANAIAH
AGED ABOUT 52 YEARS
R/AT SAI KRUPA ENTERPRISES
NO 342, PARANATHI NILAYAM
NEAR HDFC BANK,
BEHIND KEERTHI APARTMENT,
KRISHNAPPA LAYOUT,
KADUGODI, BELTHURU,
BENGALURU-560050
...PETITIONER
(BY SRI. BALASUBRAMANYA B N, ADVOCATE)
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NC: 2025:KHC:10561
CRL.RP No. 320 of 2025
c/w CRL.RP No. 323 of 2025
CRL.RP No. 324 of 2025
AND 1 OTHER
AND:
SMT. NERELLA SRIVANI
W/O SRINIVASALU,
D/O LATE RADHAKRISHNA MURTHY
AGED ABOUT 42 YEARS
R/AT NO. 12, MANJUNATHA LAYOUT
1ST CROSS, BASAVANAPURA LAYOUT
AYAPPANAGAR, K R PURAM,
BENGALURU-560 067
...RESPONDENT
(BY SRI.MANJUNATHA REDDY K.G, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S
438 R/W 442 BNSS) BY THE ADVOCATE FOR THE
PETITIONER PRAYING TO SET ASIDE THE JUDGMENT
DATED 03.12.2024 PASSED BY THE HONBLE LXXIII ADDL.
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-74)
IN CRL.A NO.25108/2022 AND THE JUDGMENT DATED
21.04.2022 PASSED BY THE LEARNED XXXIII ACMM,
BANGALORE IN C.C.NO.57051/2017, AND ACQUIT THE
PETITIONER/ACCUSED.
IN CRL.RP NO. 327/2025
BETWEEN:
SRI PALRAJ
S/O LATE GANAIAH
AGED ABOUT 52 YEARS
R/AT SAI KRUPA ENTERPRISES
NO 342, PARANATHI NILAYAM
NEAR HDFC BANK,
BEHIND KEERTHI APARTMENT,
KRISHNAPPA LAYOUT,
KADUGODI,
-5-
NC: 2025:KHC:10561
CRL.RP No. 320 of 2025
c/w CRL.RP No. 323 of 2025
CRL.RP No. 324 of 2025
AND 1 OTHER
BELTHURU,
BENGALURU-560050
...PETITIONER
(BY SRI. BALASUBRAMANYA B N, ADVOCATE)
AND:
SMT. NERELLA SRIVANI
W/O N. SREENIVASULU,
D/O LATE RADHAKRISHNA MURTHY
AGED ABOUT 42 YEARS
R/AT NO. 12, MANJUNATHA LAYOUT
1ST CROSS, BASAVANAPURA LAYOUT
AYAPPANAGAR, K R PURAM,
BENGALURU-560 067
...RESPONDENT
(BY SRI.MANJUNATHA REDDY K.G, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S
438 R/W 442 BNSS) BY THE ADVOCATE FOR THE
PETITIONER PRAYING TO SET ASIDE THE JUDGMENT
DATED 03.12.2024 PASSED BY THE HONBLE LXXIII ADDL.
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-74)
IN CRL.A NO.25111/2022 AND THE JUDGMENT DATED
21.04.2022 PASSED BY THE LEARNED XXXIII ACMM,
BANGALORE IN C.C.NO.54513/2018, AND ACQUIT THE
PETITIONER/ACCUSED.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS JUSTICE J.M.KHAZI
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NC: 2025:KHC:10561
CRL.RP No. 320 of 2025
c/w CRL.RP No. 323 of 2025
CRL.RP No. 324 of 2025
AND 1 OTHER
ORAL COMMON ORDER
These petitions are filed by the accused challenging
his conviction and sentence for the offence punishable
under Section 138 of N.I. Act, imposed by the trial Court,
which came to be confirmed by the First Appellate Court
by dismissing the appeals filed by him.
2. A compromise petition under Section 147 of
N.I. Act (I.A.No.2/2025), duly signed by both petitioner
and respondent and their respective counsel is filed to the
effect that parties have settled the same for a sum of
Rs.12,56,000/-. A sum of Rs.3,56,000/- is already
deposited before the trial Court and today 3 Demand
Drafts for a sum of Rs.3,00,000/- each is being paid
towards full and final settlement of the claim of the
respondent/complainant.
3. Petitioner/accused and respondent/complainant
admit the compromise. Respondent/complainant submits
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NC: 2025:KHC:10561
CRL.RP No. 320 of 2025
c/w CRL.RP No. 323 of 2025
CRL.RP No. 324 of 2025
AND 1 OTHER
that she has no objection to allow the petition and acquit
the accused.
4. The relevant paragraphs of compromise petition
reads as follows:
".....
4. The petitioner and the respondents have
settled the claim put forward by the respondent. The
petitioner has consented to pay the total sum of
Rs.12,56,000/- twelve lakhs fifty six thousand, as full
and final settlement.
5. The petitioner had deposited the following
sums as shown below before the Trial Court in
respect of the aforesaid all cases;
Sl. Court Date Amount
No.
1 XXXIII Additional 27.09.2022 Rs.3,56,000/
Chief Metropolitan -
Magistrate Court,
Bengaluru
6. In view of the arrangements made between the
petitioner and the respondents, the respondents
takes steps to withdraw the said sum from the
Hon'ble Trial Courts and petitioner has no objection
for the same.
7. The petitioner is ready to pay a balance
amount of Rs.9,00,000/- today.
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NC: 2025:KHC:10561
CRL.RP No. 320 of 2025
c/w CRL.RP No. 323 of 2025
CRL.RP No. 324 of 2025
AND 1 OTHER
8. The petitioner had issued the D.D. for a sum of
Rs.9,00,000/- Lakhs each 3,00,000/- dated
28.02.2025 vide D.D. bearing No.744604, 744605,
744606 drawn on Punjab National Bank, Benglauru.
9. The petitioner has paid in all Rs.12,56,000/-
twelve lakhs fifty six thousand, to the respondent as
full and final settlement in respect of all four cases."
5. The terms and conditions of compromise
petition are legal and equitable. The same are accepted
and accordingly, following:
ORDER
(i) The petitions filed under Section 397 r/w
Section 401 Cr.P.C are allowed.
(ii) The judgment and order dated 21.04.2022
in C.C.57052/2017, 57051/2017,
54508/2018 and 54513/2018 on the file of
XXXIII ACMM, Bengaluru, which is
confirmed in Crl.A.25109/2022,
25108/2022, 25110/2022, and
NC: 2025:KHC:10561
AND 1 OTHER
25111/2022, respectively, on the file of
LXXIII City Civil and Sessions Judge,
Bengaluru, are set aside.
(iii) Petitioner/accused is acquitted for the
offence punishable under Section 138 of
N.I. Act.
Sd/-
(J.M.KHAZI)
JUDGE
RR
