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Sri B.M.Somashekar Patel v. Smt Rathnamala Prakash

Karnataka HC23 Aug 2025CRL.RP/1469/2024

Case brief

AI extract

What is this about?

Karnataka High Court criminal revision CRL.RP 1469/2024, order dated 23-08-2025 by Justice Anant Ramanath Hegde; Section 138 Negotiable Instruments Act cheque dishonour conviction (CC 1712/2018, fine Rs.8,05,000/-) confirmed in CRL.A. 747/2022 challenged under Ss.397/401 Cr.PC (heading also cites Ss.438/442 'BNNS'); disposed of on amicable settlement recorded in joint memo dated 23.08.2025; complainant Rathnamala Prakash received Rs.3,00,000/- by demand draft in full and final settlement; petitioner B.M. Somashekar Patel acquitted of all charges and bail bond cancelled; advocates Keerthi Prasad D C (petitioner) and Vinayaka S Pandit (respondent); no precedents relied upon.

What did the court decide?

Joint memo dated 23.08.2025 accepted; petition disposed of; petitioner acquitted of all charges; bail bond furnished stands cancelled.

Sri B.M.Somashekar Patel Vs Smt Rathnamala Prakash — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Joint memo dated 23.08.2025 accepted; petition disposed of; petitioner acquitted of all charges; bail bond furnished stands cancelled.

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Issue for consideration

Whether the judgment and conviction under Section 138 of the Negotiable Instruments Act, as confirmed by the LXVIII Addl. City Civil and Sessions Judge, Bengaluru City in CRL.A. No.747/2022, should be set aside and the petitioner/accused acquitted, via this criminal revision petition under Ss.397/401 Cr.PC. +1 more

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Court's answer

In view of the accepted settlement, the petition is disposed of and the petitioner is acquitted of all charges.

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Ratio / Principle

The Court made enquiry with the parties present, both of whom submitted that they had voluntarily entered into the settlement, found no impediment to accepting the terms of the settlement, and accordingly accepted the joint memo dated 23.08.2025.

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Key takeaways

The bail bond furnished by the petitioner stands cancelled.ratio¶36

Detailed headnote1 paragraphs

Criminal Revision Petition (CRL.RP No. 1469 of 2024, High Court of Karnataka, Anant Ramanath Hegde J., order dated 23.08.2025) filed under Ss.397/401 Cr.PC (also cited as filed under Ss.438/442 'BNNS' as printed) against the concurrent conviction of the petitioner/accused under Section 138 of the Negotiable Instruments Act — trial conviction and fine of Rs.8,05,000/- in CC No.1712/2018 dated 20/09/2021 (VI Addl. Judge Court of Small Causes and ACMM, Bengaluru), confirmed in CRL.A. No.747/2022 dated 11/09/2024 (LXVIII Addl. City Civil and Sessions Judge, Bengaluru City). Before admission, both counsel and parties appeared and jointly reported an amicable settlement via joint memo dated 23.08.2025; the complainant agreed to receive Rs.3,00,000/- in full and final settlement, delivered by demand draft, and the Court satisfied itself on enquiry that the settlement was voluntary. Finding no impediment, the Court accepted the joint memo, disposed of the petition, acquitted the petitioner of all charges, and cancelled the bail bond furnished. No precedent cases were cited or discussed; the disposal rests entirely on the consensual settlement.

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NC: 2025:KHC:33103 CRL.RP No. 1469 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1469 OF 2024

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BETWEEN:

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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SRI B.M.SOMASHEKAR PATEL, S/O MRUTHYUNJAYAPPA PATEL, AGED ABOUT 63 YEARS, R/AT BHEEMASAMUDRA VILLAGE, HIRESUGUNTANOORU HOBLI, CHITRADURGA HOBLI, CHITRADURGA DISTRICT-577501, ALSO AT NO. 15, 2^ND CROSS, DOLLARS COLONY, HIGH R.M.V., 2^ND STAGE, NEW BL ROAD, BENGALURU-94. …PETITIONER (BY SRI KEERTHI PRASAD D C, ADVOCATE) AND: SMT RATHNAMALA PRAKASH, W/O PRAKASH KESARAKAR, AGED ABOUT 65 YEARS, REP. BY HER GPA HOLDER, SRI PRAKASH KESARKAR, S/O BHEEMOJI RAO,

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NC: 2025:KHC:33103 CRL.RP No. 1469 of 2024

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HC-KAR

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AGED ABOUT 61 YEARS, R/AT NO.70, MARUTHI LAYOUT, 12^TH CROSS, DASARAHALLI, BENGALURU-560024.

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…RESPONDENT

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(BY SRI VINAYAKA S PANDIT, ADVOCATE)

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND CONVICTION CONFIRMED BY LXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN CRL. APPEAL NO. 747/2022 DATED 11/09/2024 AND JUDGMENT AND CONVICTION ORDER PASSED BY THE VI ADDL. JUDGE COURT OF SMALL CAUSES AND ACMM, BENGALURU IN CC NO.1712/2018 DATED 20/09/2021 AND ACQUIT THE ACCUSED FOR THE OFFENCES P/U/S 138 OF NI ACT BY ALLOWING THIS CRIMINAL REVISION PETITION AND BE PLEASED TO PASS SUCH OTHER RELIEFS.

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

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CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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NC: 2025:KHC:33103 CRL.RP No. 1469 of 2024

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HC-KAR

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ORAL ORDER

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This petition is filed assailing the concurrent finding in a proceeding under section 138 of the Negotiable Instruments Act. The petitioner/accused is convicted and sentenced to pay a fine of Rs.8,05,000/-.

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Learned counsel for the petitioner/accused and respondent/complainant are present before this Court. Both jointly submit that the dispute is amicably settled and joint memo dated 23.08.2025 is filed reporting settlement. The joint memo is signed by the petitioner/accused and respondent/complainant.

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It is noticed that the Complaint has agreed to receive Rs.3,00,000/- in full and final settlement of his claim against the petitioner/accused and it is also stated that Rs.3,00,000/demand draft as mentioned in paragraph 3 of the joint memo, is handed over to the respondent/complainant.

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NC: 2025:KHC:33103 CRL.RP No. 1469 of 2024

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HC-KAR

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