Sri Muniramaiah M V v. K V Amarchandra Narayana Setty

NC:(2025:KHC:54510( CRL.RP(No.(1490(of(2016( C/W(CRL.RP(No.(1491(of(2016( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(19 (DAY(OF(DECEMBER,(2025(

BEFORE( THE(HON'BLE(MR.(JUSTICE(RAVI(V(HOSMANI( CRIMINAL(REVISION(PETITION(NO.(1490(OF(2016((

(C/W

CRIMINAL(REVISION(PETITION(NO.(1491(OF(2016( BETWEEN:(( , SRI,MUNIRAMAIAH,M,V.,, S/O,LATE,VENKATARAMAIAH,,

AGED,ABOUT,55,YEARS,, R/AT,ANJANEYA,TEMPLE,STREET,, SHESHADRIPURAM,,, BANGALORE-560012, THPRESENTLY,AT,NO.200,,6 ,CROSS,,,

TH6 ,MAIN,ROAD,,TATA,NAGAR,, KODIGEHALLI,POST,, BENGALURU,-,560,091., …PETITIONER,(COMMON),

Digitallytisignedtiby(BY,SRI,VIJAY,KRISHNA,BHAT,M.,,ADVOCATE), GEETHAKUMARI PARLATTAYA0S AND:( Location:0H igh Courttiof , K,V,AMARCHANDRA,NARAYANA,SETTY,, Karnataka AGED,ABOUT,36,YEARS,, R/AT,NO.5820/5396,,, BAKTHINAGAR,,, N.R.EXTENSION,,, CHINTAMANI,TOWN,,, CHIKKABALLAPURA,DISTRICT,-,563,125., …RESPONDENT,(COMMON), (BY,SRI,GANGI,REDDY,B,V.,,ADVOCATE), NC:(2025:KHC:54510( CRL.RP(No.(1490(of(2016( C/W(CRL.RP(No.(1491(of(2016( , ,,HC-KAR( ( ( , THIS,CRL.RP,NO.1490/2016,IS,FILED,U/S.397,R/W,401,CR.P.C, PRAYING,TO,SET,ASIDE,THE,ORDER,DATED,17.09.2016,PASSED,BY, THE,LEARNED,II,ADDL.,DIST.,AND,S.J.,,CHICKBALLAPUR,(SITTING, AT,CHINTAMANI),,IN,CRL.A.NO.29/2015,,CONFIRMING,THE,ORDER, OF, CONVICTION, DATED, 25.03.2015, PASSED, BY, THE, PRL., CIVIL, JUDGE,AND,JMFC,,CHINTAMANI,IN,C.C.NO.498/2008., , THIS,CRL.RP,NO.1491/2016,IS,FILED,U/S.397,R/W,401,CR.P.C, PRAYING,TO,SET,ASIDE,THE,ORDER,DATED,17.09.2016,PASSED,BY, THE,LEARNED,II,ADDL.,DIST.,AND,S.J.,,CHICKBALLAPUR,(SITTING, AT,CHINTAMANI),,IN,CRL.A.NO.30/2015,,CONFIRMING,THE,ORDER, OF, CONVICTION, DATED, 25.03.2015, PASSED, BY, THE, PRL., CIVIL, JUDGE,AND,JMFC,,CHINTAMANI,IN,C.C.NO.278/2008., , , THESE, PETITIONS,, COMING, ON, FOR, FINAL, HEARING,, THIS, DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, ,HON'BLE,MR.,JUSTICE,RAVI,V,HOSMANI, , ORAL(ORDER( , Challenging, judgments, dated, 17.09.2016, passed, by, II, Additional,District,and,Sessions,Judge,,Chickballapur,(sitting,at, Chintamani),, in, Crl.A.nos.29/2015, and, Crl.A.no.30/2015, confirming, judgments, of, conviction, and, orders, of, sentence, dated, 25.03.2015, passed, by, Principal, Civil, Judge, and, JMFC.,, Chintamani,, in, C.C.no.498/2008, C.C.no.278/2008,, these, revision,petitions,are,filed., ,

¶2Counsel, for, both, parties, submit, that, settlement, proposals, were, exchanged, between, petitioner/accused, and, respondent/complainant,,same,was,recorded,by,this,Court,in,its,

order dated 15.12.2025. In terms of same, accused had issued cheque bearing no.707169 for Rs.75,000/- drawn on Canara Bank, Sheshadripuram Branch, Bengaluru, in favour of complainant.

¶3Learned counsel for complainant submitted that said cheque has been encashed. Therefore, settlement in both revision petitions in pursuance of I.A.no.1/2025 filed under Section 147 of Negotiable Instrument Act, 1881, ('NI Act', for short) and joint memos are accepted, which reads as under: "In Crl.R.P.no.1490/2016:

APPLICATION UNDER SECTION 147 OF NEGOTIABLE INSTRUMENT ACT.

The Petitioner and Respondent submit as follows:-

¶1That the both parties have settled the dispute for a sum of Rs.1,00,000/- (Rupees one lakh only) as against the fine amount of Rs.1,30,000/- (One lakh thirty thousand only) as per the separate Joint Memo signed by both the parties and their advocates. The offence is a compoundable offence.

¶2Hence, it is most respectfully prayed that this Hon'ble Court be pleased to pass orders permitting the parties to compound the office against the petitioner filed under section 138 of N.I. Act, and allow the Revision petition by setting aside the order dated 17/09/2016, passed by the learned II Addl. District and Sessions Judge, Chickballapur (Sitting at Chintamani), in Crl.A.No.29/2015, confirming the order of conviction dated 25/03/2015, passed by the Prl. Civil Judge and

JMFC Chintamani, in CC.No.498/2008, in the interest of justice and equity.

JOINT MEMO

Petitioner and Respondent submits as under

¶1Due to the intervention of friends, relatives and well-wishers, both parties have settled the dispute for a sum of Rs.1,00,000/-(Rupees one lakh only) as against the fine amount of Rs.1,30,000/-(One lakh thirty thousand only).

¶2The Petitioner has already deposited a sum of Rs.15,000/-, before the Trail Court. The petitioner has agreed to pay balance amount of Rs.85,000/- towards full and final settlement and respondent has agreed to receive a sum of Rs.85,000/- from the petitioner towards full and final settlement in respect of cheques involved in the above case. Said amount was paid on 28/02/2025, before this Hon'ble Court, which is acknowledged by respondent.

¶3Petitioner has no objection to release the deposited amount to the Respondent

Hence, in view of the settlement both parties humbly pray that this Hon'ble Court be pleased to set aside the impugned orders, in the interest of justice and equity."

"In Crl.R.P.no.1491/2016:

APPLICATION UNDER SECTION 147 OF NEGOTIABLE INSTRUMENT ACT.

The Petitioner and Respondent submit as follows:-

¶1That the both parties have settled the dispute for a sum of Rs.3,30,000/- (Rupees Three lakhd thirty thousand only) which is the fine amount as per the separate Joint Memo signed by both the parties and their advocates. The offence is a compoundable offence.

¶2Hence, it is most respectfully prayed that this Hon'ble Court be pleased to pass orders permitting the parties to compound the office against the petitioner filed under section 138 of N.I. Act, and allow the Revision petition by setting aside the order dated 17/09/2016, passed by the learned II Addl. District and Sessions Judge, Chickballapur (Sitting at Chintamani), in Crl.A.No.30/2015, confirming the order of conviction dated 25/03/2015, passed by the Prl. Civil Judge and JMFC Chintamani, in CC.No.278/2008, in the interest of justice and equity.

JOINT MEMO

Petitioner and Respondent submits as under

¶1Due to the intervention of friends, relatives and well-wishers, both parties have settled the dispute for a sum of Rs.3,30,000/-(Rupees Three lakhs thirty thousand only) which is the fine amount.

¶2The Petitioner has already deposited a sum of Rs.25,000/-, before the Trail Court. The petitioner has agreed to pay balance amount of Rs.3,05,000/-, and respondent has agreed to receive a sum of Rs.3,05,000/- from the petitioner, towards full and final settlement in respect of cheques involved in the above case.

¶3The Petitioner has paid Rs.2,75,000/- on 28.02.2025 in the open court by wary of Three cheques as detailed below and respondent acknowledge receipt of three cheques.

a) Through cheque bearing No.707164, for Rs.1,00,000/- dated 28/03/2025 drawn on Canara Bank, branch Seshadripuram, Bengaluru.

b) Through cheque bearing No.707165, for Rs.1,00,000/- dated 28/04/2025 drawn on Canara Bank, branch Seshadripuram, Bengaluru.

c) Through cheque bearing No.707166, for Rs.75,000/- dated 28/05/2025 drawn on Canara Bank, branch Seshadripuram, Bengaluru.

¶4Petitioner is paying Rs.30,000/- (Rupees Thirty thousand only) by cash to the respondent today. In all the petitioner has paid Rs.3,05,000/- (Rupee Three Lakhs Five thousand).

¶5Petitioner has no objection to release the deposited amount to the Respondent.

Hence, in view of the settlement both parties humbly pray that this Hon'ble Court be pleased to set aside the order dated 17/09/2016, passed by the learned II Addl. District & Sessions Judge, Chickballapur (Sitting at Chintamani), in Crl.A.No.30/2015, confirming the order of conviction dated 25/03/2015, passed by the Prl. Civil Judge and JMFC, Chintamani, in CC.No.278/2008, in the interest of justice and equity."

¶4Perused applications and joint memos in both revision petitions. Same are taken on record.

¶5In terms of settlement, both Criminal Revision Petitions are disposed of as settled; concurrent judgments of conviction and orders of sentence dated 17.09.2016 passed by II Additional District and Sessions Judge, Chickballapur (sitting at Chintamani), in Crl.A.nos.29/2015 and Crl.A.no.30/2015 and dated 25.03.2015 passed by Principal Civil Judge and JMFC., Chintamani, in C.C.no.498/2008 C.C.no.278/2008 are set aside, acquitting petitioner of offence alleged.

Trial Court is directed to release amount in deposit in favour of respondent/complainant. Registry to forthwith transmit TCR to Trial Court.

Sd/- (RAVI V HOSMANI) JUDGE

GRD List No.: 1 Sl No.: 34