Eshwar Gowda Vs Ravi R

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA IN CRL.A.NO.143/2022 DATED 20.01.2024 AND CONFIRM THE JUDGEMENT DATED 22.07.2022 PASSED IN C.C.NO.1774/2016, ON THE FILE OF JMFC-II AT SHIVAMOGGA, FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2025:KHC:33625 CRL.A No. 786 of 2024

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HC-KAR

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ORAL JUDGMENT

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Heard Sri.Manjunath B.R, learned counsel for the appellant and Sri.Sachin B.S, learned counsel for the respondent.

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Both learned counsels submit that the parties have settled the dispute amicably and filed a joint memo. The same is taken on record.

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The appellant and the respondent are present and identified by their respective counsels. The joint memo is duly signed by the appellant, the respondent and their respective counsels. The joint memo reads thus:

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1. “The parties to the above Criminal Appeal No.786 of 2024 humbly submit that the Appellants herein have preferred the above Criminal Appeal seeking to set aside the judgment dated 20.01.2024 passed by the I Additional District and Sessions Judge, Shivamogga, in Crl.A No.143/2022, and to confirm the judgment dated 22.07.2022 passed in C.C No.1774/2016 on the file of the JMFC-II Court, Shivamogga, for the offence punishable under Section 138 of the Negotiable Instruments Act.

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NC: 2025:KHC:33625 CRL.A No. 786 of 2024

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HC-KAR

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2. It is submitted that during the pendency of the appeal, the parties have decided to settle the matter amicably. As per the terms of settlement, the Respondent has agreed to pay a total sum of Rs.4,00,000/(Rupees Four Lakhs only) , which includes the amount already deposited before the Trial Court.

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3. The Appellants submit that they shall withdraw 25% of the fine amount, i.e., 2,52,500/- , which was deposited before the Trial Court by the Respondent at the time of suspension of sentence.

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4. The balance amount of Rs.1,47,500/(Rupees One Lakh Forty Seven Thousand Five Hundred only) shall be paid by the Respondent to the Appellants within a period of two months from today, by way of Demand Draft.

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5. The parties further submit that this settlement has been arrived at voluntarily and out of their own free will, without any force, coercion, fraud, or misrepresentation.

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Wherefore , the Appellants and Respondent jointly pray that this Hon’ble Court may be pleased to take this Joint Memo on record, and in view of the settlement arrived at between

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5 - NC: 2025:KHC:33625 CRL.A No. 786 of 2024

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HC-KAR

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the parties, be pleased to dispose of the above Criminal Appeal accordingly, in the interest of justice and equity.”

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Having considered the submissions of the learned counsel for the respective parties and also the averments of the joint memo, it is appropriate to record the compromise.

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Accordingly, I proceed to pass the following:

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ORDER

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(i) The Criminal Appeal stands disposed of in terms of the compromise.

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(ii) The Trial Court is directed to release the fine amount deposited before the Trial Court in favour of the appellant / complainant, on proper identification and on production of certified copy of the order of this Court.

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(iii) The Registry is directed to send the Trial Court records forthwith.

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Sd/(S RACHAIAH) JUDGE

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UN, List No.: 2 Sl No.: 12

Eshwar Gowda v. Ravi R

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Eshwar Gowda v. Ravi R

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