Sri Nagaraj v Vs Sri T M Kempanna

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 SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY THE HONBLE III ADDL.DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA IN CRL.A NO.11/2025 DATED 06.06.2025 AND THE JUDGMENT AND SENTENCE PASSED BY THE HONBLE JMFC AT CHIKKABALLAPURA IN CC NO.130/2023 DATED 12.12.2024 IN CONVICTING THE PETITIONER/ACCUSED U/S 138 OF N.I ACT 1881, DIRECTING TO PAY THE FINE AMOUNT OF RS.11,10,000/- AND IN DEFAULT TO PAY THE FINE AMOUNT TO UNDERGO SIMPLE IMPRISONMENT FOR ONE YEAR AND FURTHER ACQUIT THE PETITIONER/ACCUSED FROM THE ALLEGED OFFENCE.

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

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NC: 2025:KHC:42084 CRL.RP No. 1461 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL ORDER

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Sri J.R. Jagadish, learned counsel submitted that he has entered appearance on behalf of respondent and filed vakalath today.

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Challenging judgment and order of conviction dated 12.12.2024 passed by Prl. Senior Civil Judge and CJM, Chikkaballapur, in C.C.no.130/2023, confirmed by III Addl. District and Sessions Judge, Chikkaballapura, on 06.06.2024 in Crl.A.no.11/2025, this revision petition is filed.

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Sri Girisha V, learned counsel for petitioner and Sri J.R. Jagadish, learned counsel for respondent jointly submitted that during pendency of revision petition, parties have entered into settlement, wherein respondent/complainant agreed to receive Rs.8,45,000/- (Rupees eight lakhs and forty five thousand only) in full and final settlement towards entire claim in above case. It is further stated that petitioner/accused had deposited a sum of Rs.2,20,000/- before trial Court and another sum of Rs.2,00,000/(Rupees two lakhs only) was paid to respondent/complainant through RTGS leaving balance of Rs.4,25,000/- which is paid today by way of cash.

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NC: 2025:KHC:42084 CRL.RP No. 1461 of 2025

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HC-KAR

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Terms of Joint Memo, reads as under:

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"JOINT MEMO

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1) The petitioner and respondent on the advised of the both advocates have decided to end the above case by compromising the above case.

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2) The Respondent has agreed to receive a sum of Rs.8,45,000/-

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(Eight lakhs forty five final settlement for the thousand rupees only)) as full and above case.

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3) It is submitted that as per the above said settlement the petitioner has deposited a sum of Rs.2,20,000/before the trial court, and a sum of Rs.2,00,000/- was given to t Respondent through R.T.G.S. and remaining amount of Rs.4,25,000/-is handing over today before this Hon'ble court. The receipt of the same is acknowledged by the respondent and has satisfied the same, and has no claims. The petitioner has no objection to respondent herein to withdraw the amount deposited before the Trial court, i.e. Rs.2,20,000/-

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WHEREFORE, the petitioner and respondent humbly pray that this Hon'ble court may be pleased to acquite the petitioner/accused by setting aside the order passed by the J.M.F.C in CC no. 130/2023 dt. 12-12-2024 and order passed in CRL.A. NO.11/2025 at 06-06-2025 by the III Addl. District Sessions Judge, Chikkaballapura, in the interest of justice and equity".

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Perused Joint Memo. Same is taken on record.

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Parties are present and identified by their respective

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counsel. On interaction, they have stated that terms of Joint

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Memo were explained to them and after understanding same, they have affirmed it out of their free will and volition without

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NC: 2025:KHC:42084 CRL.RP No. 1461 of 2025

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HC-KAR

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there being any threat, coercion or undue influence from anybody. Joint Memo is duly signed by both parties, whose signatures are identified by their respective counsel.

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In view of terms of joint memo, this Criminal Revision Petition is allowed; judgments dated 12.12.2024 passed by Prl.

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Senior Civil Judge and CJM, Chikkaballapur, in C.C.no.130/2023, confirmed by III Addl. District and Sessions

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Judge, Chikkaballapura, on 06.06.2024 in Crl.A.no.11/2025 are set aside.

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Sd/(RAVI V HOSMANI) JUDGE

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Psg* List No.: 1 Sl No.: 9

Sri Nagaraj v. Vs Sri T M Kempanna

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Sri Nagaraj v. Vs Sri T M Kempanna

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