Smt. Sudharani Vs Sri. Gangappa — Cheque Dishonour | Karnataka HC (2025)

Smt. Sudharani Vs Sri. Gangappa — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Revision petition allowed in terms of compromise; judgments dated 23.08.2025 in Crl.A.no.8/2025 and dated 24.12.2024 in C.C.no.435/2023 (conviction and sentence under S.138 of N.I. Act) set aside; respondent acknowledged the demand draft and is permitted to withdraw Rs.1,00,000/- deposited in Crl.A.no.8/2025.

Issue for consideration

Whether the judgments of conviction and sentence dated 24.12.2024 in C.C.no.435/2023 (conviction under S.138 of the N.I. Act) and the appellate judgment dated 23.08.2025 in Crl.A.no.8/2025 confirming them ought to be set aside in view of the compromise arrived at between the parties.

Court's answer

The terms of compromise were perused, found to be lawful, and accordingly accepted and taken on record.

Ratio / Principle

The petitioner and the respondent, present and identified by their respective counsel, affirmed the terms of compromise after understanding them, out of their free will and volition, without any threat, coercion or undue influence, and the compromise is duly signed by both parties.

Key takeaways

The revision petition is allowed to the extent and in terms of the compromise; the judgment dated 23.08.2025 in Crl.A.no.8/2025 confirming the judgment of conviction and order of sentence dated 24.12.2024 in C.C.no.435/2023 are set aside.ratio¶47

Detailed headnote1 paragraphs

Criminal revision under Ss.397 r/w 401 Cr.P.C. (filed under Ss.438 r/w 442 BNSS) against conviction under S.138 of the N.I. Act - During pendency of the revision petition, petitioner/accused and respondent/complainant entered into a compromise settling the claim for Rs.4,50,000/-: Rs.3,50,000/- paid by demand draft no.446416 dated 27.10.2025 drawn on Union Bank of India and handed over to the respondent (receipt acknowledged), and the balance Rs.1,00,000/- lying deposited before the I Addl. District & Sessions Judge, Chikkaballapura, in Crl.A.no.8/2025 permitted to be withdrawn by the respondent, who had no further claim. Both parties, present and identified by their counsel, affirmed the terms out of free will and volition without threat, coercion or undue influence. Terms found lawful, accepted and taken on record; revision petition allowed and the judgment dated 23.08.2025 of the I Addl. District & Sessions Judge, Chikkaballapura, in Crl.A.no.8/2025 confirming the judgment of conviction and order of sentence dated 24.12.2024 of the Prl. Senior Civil Judge and CJM, Chikkaballapura, in C.C.no.435/2023, set aside. - Ravi V Hosmani, J., 29.10.2025.

NC: 2025:KHC:43217 CRL.RP No. 1467 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1467 OF 2025

BETWEEN:

SMT. SUDHARANI AGED ABOUT 35 YEARS, D/O MUNIYAPPA, R/OF BANNIKUPPE VILLAGE, AGALAGURKI POST, CHIKKABALLPAURA TALUK AND DISTRICT, ALSO R/AT NO.364, TRACTOR MECHANIC FAIROZ BUILDING IDMCT LAYOUT, BEHIND METRIC GIRLS COLLEGE AND NARENDRA BABU HOUSE, WARD NO.6, DINNE HOSAHALLI ROAD, CHIKKABALLAPURA DISTRICT - 562 101.

…PETITIONER

(BY SRI PARIKSHIT S.S., ADVOCATE A/W SRI KARTHIK N., ADVOCATE)

AND:

Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka

SRI GANGAPPA, AGED ABOUT 46 YEARS, R/AT NALLAKIDERANAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT - 561 211.

…RESPONDENT

(BY SMT. JAYANTHI M.S., ADVOCATE)

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE JUDGMENT DATED 23.8.2025, PASSED BY I ADDL.DIST AND SESSIONS JUDGE, CHIKKABALLAPURA, IN CRL.A NO.8/2025 AND ALSO THE JUDGMENT DATED 24.12.2024 PASSED BY PRL.SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPURA, IN CC NO.435/2023 WHEREIN THE PETITIONER WAS CONVICTED FOR THE O/PU/S 138 OF N.I ACT BY ACQUITTING THE PETITIONER.

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NC: 2025:KHC:43217 CRL.RP No. 1467 of 2025

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

Challenging judgment dated 23.08.2025 passed by I Addl. District & Sessions Judge, Chikkaballapura, in Crl.A.no.8/2025 confirming judgment of conviction and order of sentence dated 24.12.2024 passed by Prl. Senior Civil Judge and CJM, Chikkaballapura, in C.C.no.435/2023, this revision petition is filed.

It was jointly submitted by learned counsel for both parties that during pendency of revision petition, parties have entered into settlement, wherein petitioner/accused is agreed to pay Rs.4,50,000/- in full and final settlement of respondent/ complainant's claim. It is agreed between parties that demand draft no.446416 dated 27.10.2025, drawn on Union Bank of India, in name of respondent/complainant is handed over to him and remaining amount of Rs.1,00,000/- stated to be deposited before I Addl. District & Sessions Judge, Chikkaballapura, in Crl.A.no.8/2025 and petitioner/accused has

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NC: 2025:KHC:43217 CRL.RP No. 1467 of 2025

HC-KAR

no objection for respondent/complainant to withdraw same.

Receipt of demand draft is acknowledged by respondent.

Terms of compromise reads as under:

"1. The Petitioner has filed this petition challenging the judgment dated 23/08/2025, by I Addl. District and Session Judge, Chikkaballapura in Crl. Appeal No. 8/2025 and also in Judgment dated 24/12/2024 passed by Prl. Senior Civil Judge and CJM, Chikkaballapura, in C.C. No. 435/2023.

2. Now the Petitioner and Respondent have arrived a compromise on the following terms.

a) As per compromise arrived between the Petitioner and Respondent, the matter has been settled for ₹4,50,000/-

b) Out of ₹ 4,50,000/- the Petitioner is herewith paying 3,50,000/- today by way of Demand Draft dated 27/10/2025 bearing no. 446416 drawn on Union Bank of India.

c) With respect to remaining 1,00,000/-, the Respondent may kindly be permitted to withdraw the amount of ₹ 1,00,000/- which is deposited before I Addl. District and Session Judge, Chikkaballapura in Crl. Appeal No. 8/2025 and the petitioner has no objection for withdrawing the same.

4 - NC: 2025:KHC:43217 CRL.RP No. 1467 of 2025

HC-KAR

d) The Respondent agrees that he has no further claim and due from the Petitioner and they have entered this compromise on their own will without any coercion or influence.

e) The Petitioner and Respondent withdraws all allegations made against them and the Respondent is not having any objection to allow the above petition.

f) The Petitioner and Respondent agrees that in terms of above terms the above criminal petition may be disposed.

Wherefore, it is prayed that, this Hon'ble Court may kindly be pleased to allow this petition as prayed in the interest of justice and equity".

Petitioner as well as respondent are present and identified by their counsel respectively. On interaction, they stated that terms of compromise were explained and after understanding same, affirmed it out their free will and volition without there being any threat, coercion or undue influence from anybody and same is duly signed by both parties, whose signatures are identified by their respective counsel.

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NC: 2025:KHC:43217 CRL.RP No. 1467 of 2025

HC-KAR

I have perused terms of compromise and same are

found to be lawful and same is accepted and taken on record.

Consequently, Revision petition is allowed to extent and in terms of compromise; judgments 23.08.2025 passed by I Addl. District & Sessions Judge, Chikkaballapura, in Crl.A.no.8/2025 confirming judgment of conviction and order of sentence dated 24.12.2024 passed by Prl. Senior Civil Judge and CJM, Chikkaballapura, in C.C.no.435/2023, are set aside.

Sd/(RAVI V HOSMANI) JUDGE

Psg* List No.: 2 Sl No.: 1