K N Venkataramu vs M/S Mallika Arecanuts Pvt Ltd
2025 Latest Caselaw 9171 Kant

Karnataka High Court

K N Venkataramu vs M/S Mallika Arecanuts Pvt Ltd on 15 October, 2025

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

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                                                         NC: 2025:KHC:40957
                                                     CRL.RP No. 237 of 2019


                   HC-KAR




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 15TH DAY OF OCTOBER, 2025
                                           BEFORE
                            THE HON'BLE MR. JUSTICE RAVI V HOSMANI
                      CRIMINAL REVISION PETITION NO. 237 OF 2019
                  BETWEEN:

                      K.N. VENKATARAMU,
                      S/O NARAYANAPPA,
                      R/AT KEREKOPPA VILLAGE,
                      HONNESARA POST,
                      SAGAR TALUK,
                      SHIVAMOGGA DISTRICT - 577 401.
                                                              ...PETITIONER
                  (BY SRI GANAPATHI, ADVOCATE)
                  AND:
                      M/S MALLIKA ARECANUTS PVT LTD.,
                      NO. 19, APMC YARD,
                      BY ITS EXECUTIVE DIRECTOR,
                      K. GURUPRASAD,
                      S/O. G. KRISHNAPPA,
                      MILLIKA AUTO CENTRE,
Digitally signed by   INDUSTRIAL AREA, SAGAR TOWN,
GEETHAKUMARI          SHIVAMOGGA DISTICT - 577 401.
PARLATTAYA S                                                  ...RESPONDENT
Location: High
Court of Karnataka (BY SRI H.JAYAKARA SHETTY, ADVOCATE)
                         THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
                    ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
                    COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT
                    RENDERED IN 152/2011 DATED 10.09.2018 BY THE
                    ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT SAGAR AND
                    CONFIRMED BY THE APPELLANT COURT IN CRL.A.NO.10029/
                    2018 DATED 07.01.2019 BY 5th ADDITIONAL DISTRICT AND
                    SESSIONS JUDGE, SHIVAMOGGA, SITTING AT SAGAR.
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                                              NC: 2025:KHC:40957
                                         CRL.RP No. 237 of 2019


 HC-KAR




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

CORAM:       HON'BLE MR. JUSTICE RAVI V HOSMANI

                          ORAL ORDER

Challenging judgment dated 07.01.2019 passed by V

Addl. District & Sessions Judge, Shivamogga, sitting at Sagar in

Crl.A.no.10029/2018 confirming judgment of conviction and

order of sentence dated 10.09.2018 passed by Addl. Senior

Civil Judge and JMFC., Sagar, in C.C.no.152/2011, this revision

petition is filed.

2. It was submitted, during pendency of revision

petition, by order dated 25.07.2025, matter was referred for

mediation. Parties have participated in mediation, which has

resulted in settlement and terms of which are drawn in

agreement, placed before Court and prayed that revision

petition may be disposed of in terms of settlement.

3. Terms of settlement reads as under:

MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

The parties above named beg to submit as follows:-

The respondent/complainant has filed C.C.No.152/2011 before the Addl. Senior Civil Judge and JMFC at Sagar

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under 138 of NI Act, and Hon'ble Court has convicted the petitioner/accused and the same is confirmed by the V Addl. District and Sessions Judge, Shivamogga sitting at Sagara in Crl A No.10029/2018. The petitioner/accused has filed the above case against the judgment and order passed in Crl A No.10029/2018.

I. The aforesaid Criminal revision petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the Petitioner and the Respondent represented by its Executive Director Sri. K Guruprasad along with their advocate were present, identified each other and they have resolved their dispute and both parties have agreed to the following terms and conditions:

1. The petitioner/Accused has agreed to pay a sum Rs.6,05,000/- (Rupees Six Lakhs Five Thousand Only) to the respondent/Complainant in full and final settlement of all their claims.

2. The petitioner/Accused has agreed to pay a sum of Rs.6,05,000/- (Rupees Six Lakhs Five Thousand Only) by way of demand draft bearing No.627080 dated 08.10.2025 drawn on State Bank of India, Sagara Branch, issued in the name of Guruprasad K/ respondent/ complainant and the said D.D will be handed over to the Guruprasad K/ respondent/complainant Executive Director of M/s.

Mallika Arecanuts (P) Ltd, before the Hon'ble Court at the time of reporting settlement.

3. The respondent company came to be defunct in the year 2005, hence the accused/petitioner has issued a demand draft in name of Guruprasad K/ respondent/ complainant Executive Director of M/s. Mallika Arecanuts (P) Ltd.

4. In furtherance of the above payment Gruprasad K the executive director of M/s. Mallika Arecanusts P Ltd,/respondent/complainant company agreed that on receipt of the said sum of Rs.6,05,000/- (Rupees Six Lakhs Five Thousand Only) in future they will not claim or demand said amount from the petitioner/accused in respect of cause of action stated in the above case.

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5. It is further agreed between the parties that if any amount deposited by the accused before the Trial Court, the accused is at liberty to withdraw the same.

6. Both the parties state that they have no other claims against each other.

II. In view of the aforesaid agreement entered into between the parties, the parties pray this Hon'ble Court to decree the above appeal in terms of the aforesaid agreement.

III. Parties will appear before the Hon'ble Court for necessary orders in terms of the agreement".

4. Petitioner is present and identified by his counsel.

On interaction, he stated that terms of settlement were

explained and after understanding same, affirmed it out his

free will and volition without there being any threat, coercion or

undue influence from anybody and Memorandum of settlement

is duly signed by both parties, whose signatures are identified

by their respective counsel.

5. In terms of settlement, petitioner/accused has

agreed to pay a sum of Rs.6,05,000/- (Rupees six lakhs and

five thousand only) to respondent in full and final settlement of

all claims of respondent in present revision petition. An

application is filed for compounding of offence.

6. Counsel for respondent is present and submits no

objection for allowing revision petition.

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7. I have perused terms of settlement and same are

found to be lawful. Memorandum of settlement is accepted and

taken on record.

8. In terms of settlement a demand draft bearing

no.627080 dated 08.10.2025 drawn on State Bank of India,

Sagara Branch, issued in name of Sri Guruprasad - respondent-

complainant, Executive Director of M/s Mallika Arecanuts (P)

Ltd. and handed over to learned counsel for respondent and

receipt of same is acknowledged by learned counsel on behalf

of respondent.

Consequently, Revision petition is allowed to extent and

in terms of settlement; judgments dated 07.01.2019 passed by

V Addl. District & Sessions Judge, Shivamogga, sitting at Sagar

in Crl.A.no.10029/2018 and 10.09.2018 passed by Addl. Senior

Civil Judge and JMFC., Sagar, in C.C.no.152/2011 are set aside.

Sd/-

(RAVI V HOSMANI) JUDGE

Psg*