K. B. Nagaraju v. M. Krishnegowda

NC:(2026:KHC:24373( CRL.RP(No.(1540(of(2022( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(30 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(V(SRISHANANDA( CRIMINAL(REVISION(PETITION(NO.(1540(OF(2022(( BETWEEN:(( (

, K.,B.,NAGARAJU, S/O,LATE,BOREGOWDA, AGED,ABOUT,63,YEARS,, R/O,KANCHANALLI,VILLAGE,,

BELLUR,HOBLI,,NAGAMANGALA,TALUK, MANDYA,DISTRICT,-,571,401., …PETITIONER, (BY,SMT.,LIKITHA,B,,ADVOCATE,FOR,

,,,,,,SRI.,ARUN,G,,ADVOCATE), , AND:(

( , M.,KRISHNEGOWDA, S/O,LATE,GENDEGOWDA, Digitally AGED,ABOUT,61,YEARS,, signedtiby R/O,MALLEGOWDANAHALLI,VILLAGE,, MALATESH HONAKERE,HOBLI,,K0C NAGAMANGALA,TALUK, Location: MANDYA,DISTRICT,-,571,401., HIGH …RESPONDENT,COURT0OF (BY,SRI.,CHANDRASHEKARA,K.A,,ADVOCATE),KARNATAKA , THIS,CRL.RP,IS,FILED,U/S.397,R/W,401,CR.P.C,BY,THE, ADVOCATE,FOR,THE,PETITIONER,PRAYING,THAT,THIS,HONBLE, COURT, MAY, BE, PLEASED, TO, A., SET, ASIDE, THE, JUDGMENT, DATED, 10.01.2022, IN, C.C.NO.304/2017, AND, ALSO, THE,

JUDGMENT PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA ON

20.10.2022 IN CRL.A.NO.20/2022 BY ALLOWING THE REVISION PETITION.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

¶1Parties are present before the Court.

¶2Joint memo is filed, signed by the parties and their respective counsels. Contents of the joint memo reads as under: "JOINT MEMO OF SETTLEMENT The undersigned counsels for the Petitioner and the Respondent above named respectfully submit as follows:

¶1The above Criminal Revision Petition is filed challenging the Judgment of Conviction and Order of Sentence passed in C.C. No. 304/2017 dated

10.01.2022 by the Hon'ble Addl. Civil Judge and JMFC, at Mandya, and confirmed in Criminal Appeal No. 20/2022 by the order dated

20.10.2022 by the Hon'ble IV Addl. District and Sessions Judge at Mandya, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. As per the conviction order the appellant was liable to pay amount Rs.6,30,000/-(Six Lakh Thirty Thousand), which in inclusive 10,000/- towards State's exchequer.

¶2It is submitted that during the pendency of the appeal and revision petition, the Petitioner has

Rs.1,29,000/- (Rupees One Lakh Twenty-Nine Thousand Only) on 17.02.2022 vide., DD No. 019289 dated 16.02.2022, and in order to comply the order of this Hon'ble court Rs. 1,16,000/- (Rupees One Lakh Sixteen Thousand only) vide DD No. 019441 dated 16.12.2023 before the trial court, in total the petitioner has deposit deposited 50% of the cheque amount, as directed by the Appellate Court and this Hon'ble Court, and the said amount i.e., Rs.2,45,000/-(Two Lakh Forty Five Thousand) is presently lying in deposit before the Trial Court.

¶3The parties have amicably settled the dispute out of Court without coercion, undue influence, or pressure.

¶4The parties submits that the remaining amount of Rs.3,85,000/- (Rupees Three Lakh Eight Five Thousand only), towards full and final settlement, is agreed to be paid with 4 months, by the petitioner.

¶5The parties agree that: i. The amount already deposited Rs.2,45,000/- (Two Lakh Forty-Five Thousand) may be released in favour of the Respondent/Complainant; and ii. The balance amount of Rs.3,85,000/- (Rupees Three Lakh Eight Five Thousand only), shall be paid by the Petitioner within a period of 4 months from the date of recording this Joint Memo.

¶6The Respondent, in view of the settlement, has no objection to compounding of the offence, subject to payment of the entire balance amount within the stipulated time. WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to pass orders in terms of this Joint Memo, in the interest of justice and equity.

¶3Placing the joint memo on record, the following order is passed: ORDER

i) Criminal Revision Petition stands disposed off in terms of the joint memo.

ii) Amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification.

iii) If there is any default in payment of the compensation amount as agreed in the joint memo, the petitioner shall undergo imprisonment as ordered by the Trial Magistrate, confirmed by the First Appellate Court.

Sd/- (V SRISHANANDA) JUDGE

GJM List No.: 2 Sl No.: 30