Smt Kavitha D Thakur W/O Dilip Thakur Vs B P Suresh S/O B… — Cheque Dishonour | Karnataka HC (2025)

Smt Kavitha D Thakur W/O Dilip Thakur Vs B P Suresh S/O B… — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

All five criminal revision petitions disposed of in terms of the joint memo: complainants/respondents permitted to withdraw the Rs. 17,00,000/- in deposit and retain the Rs. 3,00,000/- paid in cash (totalling Rs. 20,00,000/-), with balance Rs. 10,00,000/- payable by Smt. Kavitha D Thakur and Sri Dilip Thakur in two instalments of Rs. 5,00,000/- each on or before 20.06.2025 and 20.09.2025 towards the agreed Rs. 30,00,000/- full and final settlement; on default, the trial Magistrate's orders confirmed by the First Appellate Court stand restored automatically; after payment of the entire fine amount, the Rs. 5,000/- defraying expenses stands set aside in all cases.

Issue for consideration

Whether the judgments and orders on sentence dated 27.07.2022 passed in CC Nos. 422/2020, 424/2020, 474/2020, 370/2020 and 353/2020 by the III Addl. Civil Judge and JMFC, Ballari, as confirmed on 25.11.2022 in Crl. Appeals Nos. 57, 54, 56, 53 and 55 of 2022 by the IV Addl. District and Sessions Judge (Exclusive Dedicated Commercial Court), Ballari, for offences punishable u/S. 138 NI Act, should be set aside in these criminal revision petitions under S. 397 r/w 401 Cr.P.C.

Court's answer

All five criminal revision petitions stand disposed of, with the joint memos recording the amicable settlement between the parties placed on record.

Ratio / Principle

The complainants/respondents are permitted to withdraw the amount in deposit (Rs. 17,00,000/- deposited pursuant to this Court's earlier orders) under due identification, as part of the settlement.

Key takeaways

If the agreed amount of compensation is not paid as agreed in the joint memos, the orders of the trial Magistrate confirmed by the First Appellate Court stand restored automatically.ratio¶116
After payment of the entire fine amount, the sum of Rs. 5,000/- imposed as defraying expenses of the State by the trial Magistrate and confirmed by the First Appellate Court stands set aside in all the cases.ratio¶117

Detailed headnote1 paragraphs

Negotiable Instruments Act, S.138 - Criminal Revision Petitions (Ss. 397/401 Cr.P.C.) - Five revisions (CRL.RP Nos. 100036-100040 of 2023, High Court of Karnataka, Dharwad Bench) by Smt. Kavitha D. Thakur against her conviction, challenging concurrent orders dated 27.07.2022 of the III Addl. Civil Judge & JMFC, Ballari in CC Nos. 422/2020, 424/2020, 474/2020, 370/2020 and 353/2020 as confirmed on 25.11.2022 by the IV Addl. District & Sessions Judge (Exclusive Dedicated Commercial Court), Ballari in Crl. Appeals Nos. 57, 54, 56, 53 and 55 of 2022 - At the stage of orders, parties filed a joint memo recording amicable settlement of all disputes, including two other pending complaints (CC No. 170/2020 and CC No. 249/2020) against Sri Dilip Thakur - Total full and final settlement of Rs. 30,00,000/-: Rs. 17,00,000/- already on deposit ordered to be withdrawn by complainants, Rs. 3,00,000/- paid in cash and acknowledged, balance Rs. 10,00,000/- payable in two instalments of Rs. 5,00,000/- each by 20.06.2025 and 20.09.2025 - Held: revision petitions disposed of on the joint memos; if the agreed compensation is not paid, the trial Magistrate's orders confirmed by the First Appellate Court stand restored automatically; on payment of the entire fine amount, Rs. 5,000/- defraying expenses stands set aside in all cases (Justice V. Srishananda, 03.04.2025).

1 - NC: 2025:KHC-D:5982 CRL.RP No. 100036 of 2023 C/W CRL.RP No. 100037 of 2023 CRL.RP No. 100038 of 2023 CRL.RP No. 100039 of 2024 CRL.RP No. 100040 of 2024

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 3^RD DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL REVISION PETITION NO.100036 OF 2023 (397(Cr.PC)/438(BNSS))

C/W

CRIMINAL REVISION PETITION NO.100037 OF 2023

CRIMINAL REVISION PETITION NO.100038 OF 2023 CRIMINAL REVISION PETITION NO.100039 OF 2023 CRIMINAL REVISION PETITION NO.100040 OF 2023

IN CRL.RP.100036/2023:

BETWEEN:

Digitally
signed by
MALLIKARJUNRUDRAYYA MALLIKARJUNRUDRAYYAKALMATH
KALMATH Date:
2025.04.09
11:33:59
+0530

SMT.KAVITHA D. THAKUR W/O. DILIP THAKUR, AGED ABOUT 47 YEARS, R/O. SREE TULASI VILLA, 4^TH MAIN ROAD, BEHIND KSRTC BUS STAND, (SHANKARAPPA GARDEN, K.R. EXTENSION, TIPTUR-572201).

…PETITIONER (BY SRI G.I. GACHCHINAMATH, ADVOCATE)

AND:

B.P. SURESH S/O. B.P. PRAHALLADA, AGED ABOUT 52 YEARS, R/O. “SMRUTHI BUILDING”, PLOT NO.19, WARD NO.20,

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OPPOSITE VAJAPAYEE NAGAR, HARIPRIYA NAGAR, BALLARI-583103.

…RESPONDENT

(BY SRI K. RAGHAVENDRA RAO, SMT. V. VIDYA, ADVOCATES)

THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN RESPECT OF IMPUGNED JUDGMENT AND ORDER ON SENTENCE IN CRL. APPEAL NO. 57/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) BALLARI AND ALSO IN RESPECT OF IMPUGNED JUDGMENT AND ORDER ON SENTENCE IN CC NO. 422/2020 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI. AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 25.11.2022 MADE IN CRIMINAL APPEAL NO. 57/2022 PASSED BY THE IV ADDL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) AT BALLARI AND IMPUGNED ORDER DATED 27.07.2022 MADE IN CRIMINAL CASE NO. 422/2020 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC, AT BELLARI FOR ALLEGED OFFENCES PUNISHABLE U/S. 138 OF NEGOTIABLE INSTRUMENT ACT.

IN CRL.RP.100037/2023:

BETWEEN:

SMT.KAVITHA D. THAKUR W/O. DILIP THAKUR, AGED ABOUT 47 YEARS, R/O. SREE TULASI VILLA, 4^TH MAIN ROAD, BEHIND KSRTC BUS STAND, (SHANKARAPPA GARDEN, K.R. EXTENSION, TIPTUR-572201).

…PETITIONER (BY SRI G.I. GACHCHINAMATH, ADVOCATE)

AND:

B.P. SURESH S/O. B.P. PRAHALLADA,

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AGED ABOUT 52 YEARS, R/O. “SMRUTHI BUILDING”, PLOT NO.19, WARD NO.20, OPPOSITE VAJAPAYEE NAGAR, HARIPRIYA NAGAR, BALLARI-583103.

…RESPONDENT

(BY SRI K. RAGHAVENDRA RAO, SMT. V. VIDYA, ADVOCATES)

THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN RESPECT OF IMPUGNED JUDGMENT AND ORDER ON SENTENCE IN CRL. APPEAL NO. 54/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) BALLARI AND ALSO IN RESPECT OF IMPUGNED JUDGMENT AND ORDER ON SENTENCE IN CC NO. 424/2020 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI. AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 25.11.2022 MADE IN CRIMINAL APPEAL NO. 54/2022 PASSED BY THE IV ADDL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) AT BALLARI AND IMPUGNED ORDER DATED 27.07.2022 MADE IN CRIMINAL CASE NO. 424/2020 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC, AT BELLARI FOR ALLEGED OFFENCES PUNISHABLE U/S. 138 OF NEGOTIABLE INSTRUMENT ACT.

IN CRL.RP.100038/2023:

BETWEEN:

SMT.KAVITHA D. THAKUR W/O. DILIP THAKUR, AGED ABOUT 47 YEARS, R/O. SREE TULASI VILLA, 4^TH MAIN ROAD, BEHIND KSRTC BUS STAND, (SHANKARAPPA GARDEN, K.R. EXTENSION, TIPTUR-572201).

…PETITIONER

(BY SRI G.I. GACHCHINAMATH, ADVOCATE)

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AND:

SMT.LAKSHMIDEVI W/O. B.P. SURESH, AGED ABOUT 51 YEARS, R/O. “SMRUTHI BUILDING”, PLOT NO.19, WARD NO.20, OPPOSITE VAJAPAYEE NAGAR, HARIPRIYA NAGAR, BALLARI-583103.

…RESPONDENT

(BY SRI K. RAGHAVENDRA RAO, SMT. V. VIDYA, ADVOCATES)

THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN RESPECT OF IMPUGNED JUDGMENT AND ORDER ON SENTENCE IN CRL. APPEAL NO. 56/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) BALLARI AND ALSO IN RESPECT OF IMPUGNED JUDGMENT AND ORDER ON SENTENCE IN CC NO. 474/2020 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 25.11.2022 MADE IN CRIMINAL APPEAL NO. 56/2022 PASSED BY THE IV ADDL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) AT BALLARI AND IMPUGNED ORDER DATED 27.07.2022 MADE IN CRIMINAL CASE NO. 474/2020 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC, AT BELLARI FOR ALLEGED OFFENCES PUNISHABLE U/S. 138 OF NEGOTIABLE INSTRUMENT ACT.

IN CRL.RP.100039/2023:

BETWEEN:

SMT.KAVITHA D. THAKUR W/O. DILIP THAKUR, AGED ABOUT 47 YEARS, R/O. SREE TULASI VILLA, 4^TH MAIN ROAD, BEHIND KSRTC BUS STAND, (SHANKARAPPA GARDEN, K.R. EXTENSION, TIPTUR-572201).

…PETITIONER

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(BY SRI G.I. GACHCHINAMATH, ADVOCATE)

AND:

B.P. SURESH S/O. B.P. PRAHALLADA, AGED ABOUT 52 YEARS, R/O. “SMRUTHI BUILDING”, PLOT NO.19, WARD NO.20, OPPOSITE VAJAPAYEE NAGAR, HARIPRIYA NAGAR, BALLARI-583103.

…RESPONDENT

(BY SRI K. RAGHAVENDRA RAO, SMT. V. VIDYA, ADVOCATES)

THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN RESPECT OF IMPUGNED JUDGMENT AND ORDER ON SENTENCE IN CRL. APPEAL NO. 53/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) BALLARI AND ALSO IN RESPECT OF IMPUGNED JUDGEMENT AND ORDER ON SENTENCE IN CC NO. 370/2020 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI. AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 25.11.2022 MADE IN CRIMINAL APPEAL NO. 53/2022 PASSED BY THE IV ADDL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) AT BALLARI AND IMPUGNED ORDER DATED 27.07.2022 MADE IN CRIMINAL CASE NO. 370/2020 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC, AT BELLARI FOR ALLEGED OFFENCES PUNISHABLE U/S. 138 OF NEGOTIABLE INSTRUMENT ACT.

IN CRL.RP.100040/2023:

BETWEEN:

SMT.KAVITHA D. THAKUR W/O. DILIP THAKUR, AGED ABOUT 47 YEARS, R/O. SREE TULASI VILLA, 4^TH MAIN ROAD, BEHIND KSRTC BUS STAND,

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(SHANKARAPPA GARDEN, K.R. EXTENSION, TIPTUR-572201).

…PETITIONER

(BY SRI G.I. GACHCHINAMATH, ADVOCATE)

AND:

B.P. SURESH S/O. B.P. PRAHALLADA, AGED ABOUT 52 YEARS, R/O. “SMRUTHI BUILDING”, PLOT NO.19, WARD NO.20, OPPOSITE VAJAPAYEE NAGAR, HARIPRIYA NAGAR, BALLARI-583103.

…RESPONDENT

(BY SRI K. RAGHAVENDRA RAO, SMT. V. VIDYA, ADVOCATES)

THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN RESPECT OF IMPUGNED JUDGMENT AND ORDER ON SENTENCE IN CRL. APPEAL NO. 55/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) BALLARI AND ALSO IN RESPECT OF IMPUGNED JUDGMENT AND ORDER ON SENTENCE IN CC NO. 353/2020 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 25.11.2022 MADE IN CRIMINAL APPEAL NO. 55/2022 PASSED BY THE IV ADDL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) AT BALLARI AND IMPUGNED ORDER DATED 27.07.2022 MADE IN CRIMINAL CASE NO. 353/2020 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC, AT BELLARI FOR ALLEGED OFFENCES PUNISHABLE U/S. 138 OF NEGOTIABLE INSTRUMENT ACT.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Parties present.

Joint memo filed. Joint memo reads as under;

“The parties in the above criminal revision petitions most respectfully submit as under:

1. With the intervention of the well-wishers, all the matters between the parties in the above criminal revision petitions have been settled amicably.

2. Smt. Kavitha D Thakkur w/o Sri Dilip Thakur is the Petitioner in all the above criminal revision petitions.

3. Sri B.P. Suresh is the Respondent in Crl. Rev.Pet. No. 100036/2023, Crl.Rev.Pet. No. 100037/2023, Crl.Rev.Pet. No. 100039/2023 and Crl.Rev.Pet. No. 100040/2023.

4. Smt. Lakshmidevi w/o Sri B P Suresh is the Respondent in Crl.Rev.Pet. No. 100038/2023.

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5. There are two more cases pending between the parties. They are:

i. C.C.No. 170/2020 on the file of the learned I Addl. Civil Judge and JMFC, Ballari:

In this case, Sri B P Suresh is the Complainant who is the Respondent in Crl.Rev.Pet. No.100036/2023, Crl.Rev.Pet. No. 100037/2023, Crl.Rev.Pet. No. 100039/2023 and Crl.Rev.Pet. No. 100040/2023 before this Hon'ble Court.

Sri Dilip Thakur, who is the husband of the Petitioner in all the above criminal revision petitions, is the Accused.

ii. C.C. No. 249/2020 on the file of the learned III Addl. Civil Judge and JMFC, Ballari:

In this case, Smt. B. P. Jayamma, the mother of B.P. Suresh who is the Respondent in Crl.Rev.Pet.No. 100036/2023, Crl.Rev.Pet.No.100037/2023, Crl.Rev.Pet.No. 100039/2023 and Crl.Rev.Pet.No.100040 / 2023 before this Hon'ble Court, is the Complainant.

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Sri Dilip Thakur, who is the husband of the Petitioner in all the above criminal revision petitions, is the Accused.

6. The parties in the above criminal revision petitions and also in C.C. No. 170/2020 on the file of the learned I Addl. Civil Judge and JMFC, Ballari and in C.C. No. 249/2020 on the file of the learned III Addl. Civil Judge and JMFC, Ballari have mutually agreed to amicably settle these matters by this joint memo filed today before this Hon'ble Court.

7. All the parties in all the above matters are physically present before this Hon'ble Court to present this memo before this Hon'ble Court.

8. Petitioner in all the above criminal revision petitions and also the Accused in C.C. No. 170/2020 on the file of the learned I Addl. Civil Judge and JMFC, Ballari and in C.C. No. 249/2020 on the file of the learned III Addl. Civil Judge and JMFC, Ballari namely, Smt. Kavitha D Thakur and Sri Dilip Thakur have agreed to pay a sum of Rs. 30,00,000/(Rupees Thirty Lakhs only) to the Complainants in all the above matters

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towards full and final settlement of the claim against them.

9. The Petitioner in all the criminal revision petitions has deposited a total sum of Rs. 17,00,000/- (Rupees Seventeen Lakhs only) pursuant to the orders passed by this Hon'ble Court in the above criminal revision petitions. The Respondents in the above criminal revision petitions may be permitted to withdraw the amounts in deposit. Petitioner in all the criminal revision petitions and the Accused in C.C. No. 170/2020 and C.C. No. 249/2020 has paid Rs. 3,00,000/- (Rupees Three Lakhs only) to the Respondents before this Hon'ble Court by way of cash and the Respondents have acknowledged the receipt of the same.

10. It is submitted that, after withdrawal of the amounts deposited by the Petitioner, the total sum received by the Respondents would be in a sum of Rs. 20,00,000/- (Rupees Twenty Lakhs only).

11. It is mutually agreed between the parties that, the remaining amount of Rs.10,00,000/(Rupees Ten Lakhs only) will be paid by the Petitioner in all the above criminal revision

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petitions and the Accused in C.C. No. 170/2020 and C.C. No. 249/2020 namely, Smt. Kavitha D Thakur and Sri Dilip Thakur to the Respondents in the following manner:

i. Rs. 5,00,000/- (Rupees Five Lakhs only) on or before 20.06.2025.

ii. Rs. 5,00,000/- (Rupees Five Lakhs only) on or before 20.09.2025.

12. Sri B.P. Suresh, the Respondent in Crl. Rev.Pet.No. 100036/2023, Crl.Rev.Pet.No. 100037/2023, Crl.Rev.Pet.No. 100039/2023 and Crl.Rev.Pet.No. 100040/2023 before this Hon'ble Court is the husband of Smt. Lakshmidevi who is the Respondent in Crl. Rev.Pet.No. 100038/2023. Sri B.P. Suresh is the son of Smt. B.P. Jayamma who is the Complainant in C.C. No. 249/2020 on the file of the learned III Addl. Civil Judge and JMFC, Ballari. Hence, Smt. Lakshmidevamma, wife of Sri B.P. Suresh and Smt. B.P. Jayamma, the mother of Sri B.P. Suresh hereby agree that, the amounts settled in this joint memo may kindly be paid to Sri B.P. Suresh.

13. It is mutually agreed between the parties that, after the payments are duly made as

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aforementioned, the Respondents in the above criminal revision petitions and the Complainants in C.C. No. 170/2020 and C.C. No. 249/2020 namely, Sri. B.P. Suresh, Smt. Lakshmidevi and Smt. B.P. Jayamma would withdraw the complaints in all the above 5 criminal revision petitions pending before this Hon'ble Court and the 2 complaints pending before the I and III Addl. Civil Judge and JMFC, Ballari.

This joint memo may kindly be taken on record in the interest of justice and equity.”

Placing the joint memos on record, revision petitions stands disposed of.

Amount in deposit is ordered to be withdrawn by the complainant under due identification.

It is made clear that if the agreed amount of compensation is not paid as agreed in the joint memos, orders of the trial Magistrate confirmed by the First Appellate Court stands restored automatically.

After the payment of entire fine amount, sum Rs.5,000/- imposed as defraying expenses of the State by

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trial Magistrate and confirmed by the First Appellate Court

stands set aside in all the cases.

Sum of Rs.3,00,000/- is paid today in cash and

the same is acknowledged by the respondent by signing

the order sheet.

SD/(V.SRISHANANDA) JUDGE

HMB CT:PA List No.: 2 Sl No.: 3