Karnataka High Court
Sri G S Suresh Gupta vs Sri Srinivas N on 15 October, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2025:KHC:40960
CRL.RP No. 825 of 2025
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. 825 OF 2025
BETWEEN:
SRI G.S. SURESH GUPTA
S/O G.B. SUBRAMANYA SETTY,
AGED ABOUT 65 YEARS,
R/A NO. 23/4-1, 1ST MAIN ROAD,
1ST CROSS, SWIMMING POOL ROAD,
MAHALAKSHMI LAYOUT,
BENGALURU - 560 086,
MOBILE NO 9945587569.
...PETITIONER
(BY SRI P VITTAL SHETTY, ADVOCATE)
AND:
SRI SRINIVAS N.,
S/O K. NAGARAJ,
AGED ABOUT 42 YEARS,
R/A NO. 50, 1ST 'A' CROSS,
Digitally signed by MODEL LIC COLONY,
GEETHAKUMARI
BASAVESHWARNAGAR,
PARLATTAYA S
BENGALURU - 560 070.
Location: High ...RESPONDENT
Court of Karnataka
(BY SRI SURESH D. DESHPANDE, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED
U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY
BE PLEASED TO SET ASIDE THE JUDGMENT DTD 06.03.2025
PASSED IN CRL.A.NO.627/2023 BY THE HONBLE LII ADDL.
CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-53) IN
CONFIRMING THE JUDGMENT DATED 15.04.2023, PASSED BY
THE LRD. IV ADDL. SMALL CAUSES JUDGE AND ACMM, COURT
-2-
NC: 2025:KHC:40960
CRL.RP No. 825 of 2025
HC-KAR
OF SMALL CAUSES, BENGALURU (SCCH-6) IN C.C.NO.6241/
2022, CONVICTING THE ACCUSED. AND ETC.,
THIS PETITION, COMING ON FOR HEARING ON I.A., THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging judgment dated 06.03.2025 passed by LII
Addl. City Civil & Sessions Judge, Bengaluru (CCH-53) in
Crl.A.no.627/2023 confirming judgment of conviction and order
of sentence dated 15.04.2023 passed by IV Addl. Small Causes
Judge & ACMM Court of Small Causes, Bengaluru (SCH-6) in
C.C.no.6241/2022, this revision petition is filed.
2. Learned counsel for parties submitted that during
pendency of revision petition, parties have entered into
settlement, wherein respondent/complainant agreed to pay
sum of Rs.3,50,000/- (Rupees three lakh and fifty thousand
only) in full and final settlement towards respondent's claim. It
is agreed between parties that sum of Rs.2,40,000/- deposited
by petitioner is permitted to be withdrawn by respondent and
balance amount of Rs.1,10,000/- is agreed to be paid by
petitioner in two installments i.e., Rs.55,000/- on or before
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HC-KAR
20.12.2026 and remaining amount of Rs.55,000/- on or before
20.02.2026 respectively. It is also agreed between parties that
in case of default in payment of said amount, complainant
would be entitled for recovery of entire cheque amount of
Rs.4,75,000/-.
3. Terms of Joint Memo, reads as under:
"JOINT MEMO
1) The petitioner submits that the respondent had filed a
proceeding under Section 138 of NI Act for the dishonour
of the cheque for a sum of Rs.4,75,000/- in CC
No.6241/2022 before the IV Addl. Small Causes Judge
and ACMM Court of Small Causes, Bangalore. The said
Court was pleased to convict the Petitioner herein and
sentenced to pay a sum of Rs.4,80,000/- as per the
Conviction order and sentence dated 15/04/2023.
2) It is further submitted that against the above said
conviction order and sentence the petitioner has
preferred a Criminal Appeal in Crl. Appeal No.627/2023
before the Hon'ble LII Addl. City Civil and Sessions
Judge, Bangalore. The said appeal was also dismissed on
06/03/2025 by confirming the order of the trial court.
Against the said order, the petitioner herein preferred
the present Criminal Revision Petition. By the
intervention of this Hon'ble Court, both parties have
agreed to settle the above matter as full as final
settlement for a total sum of Rs.3,50,000/- which
includes the 50% of the amount totally amounting to
Rs.2,40,000/- deposited before the Hon'ble Trial Court by
the petitioner. The balance amount of Rs.1,10,000/- is
agreed to be paid in 2 equal installments as follows:
a) A sum of Rs.55,000/- on or before 20/12/2026
b) Balance sum of Rs.55,000 on or before 20/02/2026.
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HC-KAR
The respondent has duly agreed for the above terms of
payment.
3) It is further submitted that the total amount of
Rs.2,40,000/-deposited by the petitioner before trial
Court may be ordered to release in favour of the
respondent. The respondent is having no other claim
against the petitioner in respect of the subject Cheque.
In case of default, the complainant is entitle for entire
cheque amount ie. Rs. 4,75,000-.
Wherefore it is prayed that this Hon'ble Court may
be pleased to pass suitable orders in terms of this joint
memo in the interest of justice and equity.
4. Perused Joint Memo. Same is taken on record.
5. Parties are present and identified by their respective
counsel. On interaction, they have stated that terms of joint
memo were explained to them and after understanding same,
they have affirmed it out of their free will and volition without
there being any threat, coercion or undue influence from
anybody. Joint Memo is duly signed by both parties, whose
signatures are identified by their respective counsel.
6. In view of terms of joint memo, this Criminal Revision
Petition is allowed; judgments dated 06.03.2025 passed by LII
Addl. City Civil & Sessions Judge, Bengaluru (CCH-53) in
Crl.A.no.627/2023 and 15.04.2023 passed by IV Addl. Small
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HC-KAR
Causes Judge & ACMM Court of Small Causes, Bengaluru (SCH-
6) in C.C.no.6241/2022, are set aside.
Sd/-
(RAVI V HOSMANI)
JUDGE
Psg*
