Karnataka High Court
Sathyendra Padiyara Manuru vs Hardik Shah on 17 October, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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CRL.RP No. 1147 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 1147 OF 2025
BETWEEN:
SATHYENDRA PADIYARA MANURU,
S/O M.GANESHA PADIYAR,
AGED ABOUT 49 YEARS,
R/O NO 5-18(4) NH - 66,
MUNURU POST, BRAHMAVAR TALUK,
UDUPI DISTRICT - 576 221.
...PETITIONER
(BY SRI AJAY KADKOL T., ADVOCATE)
AND:
HARDIK SHAH,
S/O MR BHARAT R SHAH,
AGED ABOUT 29 YEARS,
R/A NO.62, S.B. ROAD, V.V PURAM,
BENGALURU - 560 004.
...RESPONDENT
(BY SRI SURAJ S., ADVOCATE)
Digitally signed
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W
by GURURAJ D
442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT
Location: High THIS HONOURABLE COURT MAY BE PLEASED TO PASS AN
Court of APPROPRIATE ORDER REVERSING THE JUDGEMENT DTD 13.06.2025
Karnataka PASSED BY THE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE,
MAYO HALL UNIT, BENGALURU CITY IN CRL.A.NO.25391/2024
CONFIRMING THE ORDER PASSED BY THE TRIAL MAGISTRATE
CONVICTING THE PETITIONER HEREIN FOR THE COMMISSION OF AN
OFFENCE U/S 138 OF THE N.I ACT AND FURTHER SENTENCING THE
PETITIONER TO PAY A FINE OF RS.21,70,000/- AND ETC.,
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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CRL.RP No. 1147 of 2025
HC-KAR
ORAL ORDER
Challenging judgment dated 13.06.2025 passed by LXXIV
Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru
(CCH-75), in Crl.A.no.25391/2021 confirming judgment of
conviction and order of sentence dated 14.10.2024 passed by
XXXIV Addl. Chief Judicial Magistrate, Mayo Hall Unit,
Bengaluru (ACJM-34), in C.C.no.59836/2018, this revision
petition is filed.
2. During pendency of revision petition, as per request
of parties, matter was referred for mediation which has
resulted in settlement and terms of which are drawn in
Memorandum of Settlement, which reads as under:
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.
I. The above revision petition is filed against the
judgment and order dated 13.06.2025 made in
Cri.A.No.25391/2024 passed by the LXXIV
Additional City Civil & Sessions Judge, Mayo Hall
Unit, (CCH-75), Bengaluru whereby the learned
judge had confirmed judgment and order dated
14.10.2024 passed by the XXXIV Additional Chief
Judicial Magistrate, Mayo Hall Unit, Bengaluru in
C.C. No.59836/2018.
II. Both parties state that on the basis of a cheque for
Rs.15,97,500/-the the (Rupees Fifteen Lakhs
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Ninety Seven Thousand Five Hundred only) issued
by the Petitioner/Accused herein, the
Respondent/Complainant had filed complaint under
section 200 Cr.PC for an offence punishable under
section 138 of N.I. Act. Upon contest the learned
Trial Judge had convicted the Petitioner/Accused
under section 138 of N.I. Act and directed him to
pay a sum of Rs.21,70,000/- (Rupees Twenty One
Lakhs Seventy Thousand Only) failing which to
undergo simple Imprisonment for six months.
Against the said judgment the Petitioner/Accused
had filed an appeal in Crl.A.No.25391/2024 before
LXXIV Additional City Civil & Sessions Judge, Mayo
Hall Unit, (CCH-75), Bengaluru and the Hon'ble
Court was pleased dismiss the appeal confirming
the order of the trial court. Against the said
judgment the present Revision Petition is filed,
which was referred to mediation for an amicable
settlement.
III. During the course of hybrid mediation, the
Petitioner/Accused appeared through video
conference and the Respondent/Complainant and
Counsel for both parties were present in person to
resolve their disputes and they have agreed the
following terms and conditions:
1. An order dated 30.06.2023 passed by XXXIV
Additional Chief Judicial Magistrate, Mayo Hall
Unit, Bengaluru in C.C.No.59836/2018 directed
the Petitioner/Accused to deposit 20% i.e.
Rs.3,19,500/- (Rupees Three Lakhs Nineteen
Thousand Five Hundred Only), which the
Petitioner/Accused has complied. This amount
has been withdrawn by the
Respondent/Complainant. Further a sum of
Rs.1,14,500/- (Rupees One Lakh Fourteen
Thousand Five Hundred) has been deposited by
the Petitioner/Accused as per order dated
22.11.2024 in Crl.A.No.25391/2024 before
LXXIV Additional City Civil & Sessions Judge,
Mayo Hall Unit, (CCH-75), Bengaluru.
2. In view of this settlement the Petitioner /
Accused agrees to pay a total sum of
Rs.16,34,000/- (Rupees Sixteen Lakhs Thirty
Four Thousand Only) to the
Respondent/Complainant towards full and final
settlement of all the claims of the
Respondent/Complainant inclusive of the
amount l.e. Rs.4,34,000/- (Rupees Four Lakhs
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Thirty Four Thousand Only) which was
deposited by the Petitioner/Accused before the
trial court, out of which Rs.3,19,500/- (Rupees
Three Lakhs Nineteen Thousand Five Hundred
Only) has been withdrawn by the
Respondent/Complainant before XXXIV
Additional Chief Judicial Magistrate, Mayo Hall
Unit, Bengaluru and the same was
acknowledged by the Respondent/Complainant.
The Petitioner/Accused does not have any
objection to the Respondent/Complainant
withdrawing the sum of Rs.1,14,500/-(Rupees
One Lakh Fourteen Thousand Five Hundred)
available in deposit before Trial Court.
3. The Petitioner/Accused is paying a sum of
Rs.6,00,000/-(Rupees Six Lakhs Only) to the
Respondent/Complainant by way of demand
draft bearing No.935542 dated 12.09.2025
drawn on Kotak Mahindra Bank Ltd.,
Rajajinagar, Bengaluru and the same has been
handed over to the Respondent/Complainant
today l.e., 15.09.2025. Further the
Petitioner/Accused undertakes to pay a sum of
Rs.6,00,000/- (Rupees Six Lakhs Only) to the
Respondent/Complainant on or before
15.03.2026 by way of Online Transfer to the
Savings Bank Account of the Respondent /
Complainant bearing No.5812441973 Kotak
Mahindra Bank Ltd., Netkallappa Circle Branch,
Bengaluru IFSC Code: KKBK0008052. The
Respondent/Complainant has agreed for the
same.
4. Further the brother of the Respondent
/Complainant Mr. Mahek Bharat Shah being the
Complainant in C.C.No.31638/2018 by virtue of
his agreement with the Petitioner/Accused
herein, will be agreeing to receive a sum of
Rs.4,50,000/- (Rupees Four Lakhs Fifty
Thousand Only) from the Petitioner/Accused
herein to ensure closure of said
C.C.No.31638/2018 pending on the file 16th
ACJM, Bengaluru on or before 15.09.2026,
failing which the Complainant in
C.C.No.31638/2018 will be at liberty to enforce
his agreement as agreed therein.
5. Both the parties have agreed to the terms and
conditions narrated above. In case of default of
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any payment by the Petitioner/Accused to the
Respondent/Complainant as detailed above,
then the agreement shall be deemed to have
been cancelled and the Respondent/
Complainant shall be entitled to seek for the
enforcement of the amount of Rs.11,31,000/-
(Rupees Eleven Lakhs Thirty One Thousand
Only) due and payable by the
Petitioner/Accused to the
Respondent/Complainant.
6. In case of any default by the Petitioner/Accused
in making the payment of the remaining
installment the Respondent/Complainant shall
be entitled to pursue any other remedies
available to him in accordance with law in order
to recover the amount due and payable by the
Petitioner/Accused.
7. The Respondent/Complainant is hereby
agreeing to use his good offices to persuade his
brother Sri. Mahek Bharath Shah who is
Complainant in C.C.No.31638/2018 to withdraw
the said C.C.No.31638/2018 pending on the file
of 16th ACJM, Bengaluru in view of this
agreement.
8. The parties further state that there has been no
collusion or force, fraud or any undue influence
by any of the parties to enter into this
compromise in the aforesaid manner.
IV. In view of the aforesaid agreement, both the
parties pray that this Hon'ble court may be pleased
to record settlement and dispose off the Revision
Petition in terms of this agreement.
V. The parties agree to appear this Hon'ble Court
whenever the matter is listed with their I.D.
Proof."
4. Parties are present and are identified by their
respective counsel.
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5. On interaction, parties have stated that they have
been explained terms and conditions of settlement and after
understanding same, they have affirmed same out of their free
will and volition without there being any threat, coercion or
undue influence from anybody.
6. Memorandum of settlement is duly signed by both
parties, whose signatures are identified by their respective
counsel and settlement is reported by them.
7. Memorandum of settlement is taken on record and
accepted.
8. It is stated that petitioner/accused has agreed to
pay a total sum of Rs.16,34,000/- in full and final settlement of
all claims of respondent in respect of cheque in question, of
which Rs.4,34,000/- was deposited before trial Court and out of
which Rs.3,19,500/- was withdrawn by
respondent/complainant and petitioner/accused would have no
objection for withdrawing Rs.1,14,500/- also.
9. It is stated that Rs.6,00,000/- has been paid by
way of demand draft bearing no.935542 dated 12.09.2025
drawn on Kotak Mahindra Bank Ltd., Rajajinagar, Bengaluru
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and handed over to respondent/complainant on 15.09.2025.
Balance amount of Rs.6,00,000/- would be paid on or before
15.03.2026 by way of Online Transfer to complainant's bank
account.
10. It is agreed between parties that in case of default
in compliance with terms of settlement, complainant would be
entitled to pursue other remedies available to him for recovery
of amount due and payable by petitioner/accused as mentioned
in para-5.
11. In terms of settlement, this Criminal Revision
Petition is allowed; concurrent judgment of conviction and
order of sentences dated 13.06.2025 passed by LXXIV Addl.
City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-
75), in Crl.A.no.25391/2021 and dated 14.10.2024 passed by
XXXIV Addl. Chief Judicial Magistrate, Mayo Hall Unit,
Bengaluru (ACJM-34), in C.C.no.59836/2018, are set-aside,
acquitting petitioner of offence alleged.
Sd/-
(RAVI V HOSMANI)
JUDGE
GRD
