Citation : 2025 Latest Caselaw 202 Kant
Judgement Date : 13 May, 2025
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NC: 2025:KHC:18219
CRL.RP No. 751 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MAY, 2025
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL REVISION PETITION No. 751 OF 2025
BETWEEN:
G RAMACHANDRA REDDY
S/O SUBBI REDDY
AGED ABOUT 54 YEARS
RESIDING AT No.16TH WARD
NEAR SRI RAMAKRISHNA KALYANA MANTAPA
BAGEPALLI TOWN
CHIKKABALLAPURA DISTRICT - 561 207.
...PETITIONER
(BY SRI H N VENKATESHA, ADVOCATE)
Digitally signed
by NIRMALA AND:
DEVI
Location: SMT. G AMBIKA
HIGH COURT W/O LATE GANGADHARA
OF AGED ABOUT 42 YEARS
KARNATAKA RESIDING AT VARALAKONDA VILLAGE
SOMENAHALLI HOBLI, GUDIBANDE TQ.,
CHIKKABALLAPURA DISTRICT - 561 209.
...RESPONDENT
(BY SRI V NAGANNA, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
Cr.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE
JUDGEMENT AND SENTENCE DATED 07.12.2023 PASSED BY III
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
CHIKKABALLAPURA IN CRL.A.No.27/2022 PRODUCED AT
ANNEXURE-A AS ERRONEOUS, CONTRARY TO EVIDENCE ON
RECORD CONSEQUENTLY ACQUIT THE PETITIONER BY SET
ASIDE THE JUDGEMENT OF CONVICTION AND SENTENCE
PASSED BY THE CIVIL JUDGE AND JMFC, BEGAPALLI IN
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NC: 2025:KHC:18219
CRL.RP No. 751 of 2025
CC.No.208/2018 DATED 26.08.2022 VIDE ANNEXURE-B TO
PETITION AND ALLOW THIS CRL.RP AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This Revision Petition is filed challenging the judgment
dated 07.12.2023 passed in Crl.Appeal No.27/2022 by the III
Additional District and Sessions Judge, Chikkaballapura,
whereunder the judgment of conviction passed in
CC.No.208/2018 by the Civil Judge and JMFC, Bagepalli dated
26.08.2022 has been confirmed whereunder the petitioner/
accused has been convicted for the offence punishable under
Section 138 of Negotiable Instruments Act, 1881 (hereinafter
referred as to 'NI Act').
2. The respondent is present. A memo for settlement
has been filed and it is signed by the petitioner's counsel and
respondent and her counsel.
3. The memo reads thus:
"MEMO FOR REPORTING SETTLAMENT :-
NC: 2025:KHC:18219
The advocate for petitioner in the above case submits that the petitioner is in judicial custody since from 26/04/2025, the petitioner/accused and respondent/complainant in the above case have settle the matter as full and final for a sum of Rs. 5,50,000/- (five lakhs fifty Thousand only). The petitioner was already paid a sum of rs.50,000/-(Fifty Thousand only) by way of cash and the reaming amount of Rs.5,00,000/- (Five Lakhs Only) is paid Cash today, hence this Hon'ble court be pleased to accept the settlement and direct the trial court, The Civil Judge And JMFC, Bagepalli, to release the petitioner/accused in C C no.208/2018, hence this memo, in the ends of justice and equity by Setting aside Judgement of Conviction recorded by Courts below."
4. Respondent who is present before this Court reports
receipt of cash of `5,00,000/- and also submits that she has
already received `50,000/-. In view of the settlement, the
offence under Section 138 NI Act is compounded. In view of
the compounding, the petition is disposed of.
The petitioner is in district prison of Chikkaballapura.
Issue release intimation by e-mail to the superintendent of
District prison, Chikkaballapura to release the petitioner, if he is
not required in any other case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
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