Shri. M Sridhar S/O M Tukaramappa Vs Shri. K… — Cheque Dishonour | Karnataka HC (2025)

Shri. M Sridhar S/O M Tukaramappa Vs Shri. K… — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of in terms of the joint memo of compromise; petitioner paid Rs.1,00,000/- towards full and final settlement as against Rs.1,19,970/- awarded by the Magistrate; fine of Rs.5,000/- towards defraying expenses of the State set aside; amount in deposit, if any, permitted to be withdrawn by the complainant under due identification.

Issue for consideration

Whether the criminal revision petition against the conviction under Section 138 of the N.I. Act should be disposed of in terms of the joint memo of compromise filed by the parties. +1 more

Court's answer

On the joint memo of compromise, whereby the petitioner agreed to pay Rs.1,00,000/- (Rupees one lakh only) towards full and final settlement as against Rs.1,19,970/- ordered by the learned Magistrate, the petition stands disposed of.

Ratio / Principle

Since the entire agreed amount of compensation is paid, the fine of Rs.5,000/- towards defraying expenses of the State ordered by the trial Magistrate and confirmed by the First Appellate Court is set aside.

Key takeaways

Any amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification.ratio¶48

Detailed headnote1 paragraphs

Criminal Revision Petition under S.397 r/w 401 Cr.P.C. (corresponding provision noted as 438 BNSS) against conviction for the offence punishable under S.138 of the N.I. Act — trial court judgment and order dated 24.10.2017 in CC No.571/2011 (Principal Civil Judge and JMFC Court, Koppal), confirmed in Criminal Appeal No.29/2017 by the Principal District and Sessions Judge, Koppal by judgment and order dated 02.11.2021 — disposed of on a joint memo of compromise: petitioner paid Rs.1,00,000/- (Rupees one lakh only) towards full and final settlement as against Rs.1,19,970/- ordered by the learned Magistrate, receipt acknowledged in open court; since the entire agreed compensation was paid, the fine of Rs.5,000/- towards defraying expenses of the State imposed by the trial Magistrate and confirmed by the First Appellate Court was set aside; amount in deposit, if any, ordered to be withdrawn by the complainant under due identification. (High Court of Karnataka, Dharwad Bench; V. Srishananda, J.; 08.04.2025)

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NC: 2025:KHC-D:6214 CRL.RP No. 100057 of 2022

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 8^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL REVISION PETITION NO.100057 OF 2022 (397(CR.PC)/438(BNSS))

BETWEEN:

SHRI M. SRIDHAR S/O. M. TUKARAMAPPA, AGE: 50 YEARS, OCC. PROPRIETOR, M/S. SRI. BALAJI SECURITY SERVICE, R/O. H.NO. 51675/ BEHIND STATE BANK OF MYSORE, CANTONMENT, BELLARY, TAL. AND DIST. BELLARY-583101.

…PETITIONER

(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)

AND:

Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA

SHRI K. RAJENDRAKUMAR S/O. KRISHNARAO, SINCE DECEASED BY HIS LRS

SMT. SARASWATI W/O. K. RAJENDRAKUMAR, AGE: 57 YEARS, OCC. HOUSEHOLD,

K. RAJASHEKAR

S/O. K. RAJENDRAKUMAR,

AGE: 37 YEARS, OCC. NIL,

NAGRAJ S/O. K. RAJENDRAKUMAR,

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NC: 2025:KHC-D:6214 CRL.RP No. 100057 of 2022

AGE: 29 YEARS, OCC. NIL,

SANGEETA

D/O. K. RAJENDRAKUMAR,

AGE: 27 YEARS, OCC. NIL,

YUVRAJ

S/O. K. RAJENDRAKUMAR,

AGE: 25 YEARS, OCC. NIL,

UDAYKUMAR S/O. K. RAJENDRAKUMAR, AGE: 20 YEARS, OCC. NIL,

ALL THE ABOVE MENTIONED LRS OF THE DECEASED ARE RESIDENTS OF WARD NO 16, KOPPAL, TQ. AND DIST. KOPPAL-583231.

…RESPONDENTS

(BY SRI. D.V. PATTAR, ADVOCATE FOR R1(A) TO R1(F))

THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND ORDER DATED 02.11.2021 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE KOPPAL IN CRIMINAL APPEAL NO.29/2017 WHICH CONFIRMED THE JUDGMENT AND ORDER DATED 24.10.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, KOPPAL IN CC NO.571/2011, FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, AND ALSO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, KOPPAL IN CC NO.571/2011 DATED 24.10.2017.

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

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NC: 2025:KHC-D:6214 CRL.RP No. 100057 of 2022

ORAL ORDER

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

Learned counsel for the petitioner has filed a joint

memo. Joint memo reads as under:

“That, in the top noted petition as per the instructions of parties the petitioner and the respondents due to intervention of elders mutually agreed to settle the case, whereby the petitioner agrees to pay a sum of Rs.1,00,000/-(Rupees one lakh only) towards full and final settlement as against Rs.1,19,970/- which is orderd by the learned Magistrate in CC No.571/2011 dated 24/10/2017. The advocate for respondents also agrees to acknowledge the receipt of one lakh received from revision petitioner today in the open court towards full and final settlement of the case. Therefore, it is humbly prayed before this Hon'ble Court to accept this joint memo as agreed by both the parties in the interest of justice and equity.

Therefore, this Hon'ble court may be pleased to accept the joint memo in terms of the compromise as mentioned above in the interest of justice.”

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NC: 2025:KHC-D:6214 CRL.RP No. 100057 of 2022

Placing the joint memo on record, petition stands disposed of.

Since, the entire agreed amount of

compensation is paid, fine amount of Rs.5,000/- towards defraying expenses of the State ordered by the trial Magistrate and confirmed by the First Appellate Court is hereby set aside.

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

Sd/(V.SRISHANANDA)

JUDGE

HMB CT:PA LIST NO.: 2 SL NO.: 1