Shivareddy Vs Narayana Reddy

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NC: 2025:KHC:51699 CRL.RP No. 1480 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1480 OF 2024

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BETWEEN:

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SHIVAREDDY, S/O PEDDAMALLA REDDY, AGED ABOUT 48 YEARS, OPP PLD BANK, BESIDE SATYA MEDICAL, PROP. SUVARNA NIRAVARI, BALLARI ROAD, PAVAGADA TOWN-571434 TUMAKURU DISTRICT.

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…PETITIONER

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(BY SRI N KUMAR, ADVOCATE)

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AND:

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NARAYANA REDDY, S/O CHANKRAREDDY, AGED ABOUT 68 YEARS, R/AT B.K.HALLI VILLAGE, NAGALAMADIKE HOBLI, PAVAGADA TALUK -571 1434 TUMAKURU DISTRICT.

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…RESPONDENT

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Digitally signed by GEETHAKUMARI PARLATTAYA S

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Location: High Court of Karnataka

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(BY SRI NARASI REDDY G., ADVOCATE)

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THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 30.09.2024 PASSED BY IV ADDL. DIST. AND SESSIONS JUDGE AT TUMAKURU, SITTING AT MADHUGIRI IN CRL.A.NO.5008/2024 AND ALSO THE JUDGMENT DATED 05.04.2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, PAVAGADA IN C.C.NO.622/2022 CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S 138 N.I. ACT, TO PAY A SUM OF RS.17,50,000/IN DEFAULT TO UNDERGO S.I. FOR A PERIOD OF SIX MONTHS AND ALSO AND ACQUIT THE PETITIONER.

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THIS PETITION, COMING ON FOR HEARING ON I.A., THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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NC: 2025:KHC:51699 CRL.RP No. 1480 of 2024

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HC-KAR

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ORAL ORDER

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Challenging judgment dated 30.09.2024 passed by IV Additional District and Sessions Judge, Tumakuru (sitting at Madhuiri), in Crl.A.no.5008/2024 confirming judgment of conviction and order of sentence dated 05.04.2024 passed by learned Senior Civil Judge and J.M.F.C., Pavagada, in C.C.no.622/2022, this revision petition is filed.

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Learned counsel for parties submitted that during pendency of revision petition, parties have entered into settlement, whereunder petitioner/accused has agreed to pay sum of Rs.17,50,000/(Rupees Seventeen Lakhs Fifty Thousand only) in full and final settlement towards respondent/complainant's claim under cheque in question. Further, it is stated that Rs.8,75,000/- deposited by accused before trial Court may be withdrawn by complainant and remaining Rs.8,75,000/- would be paid within six months in three equal instalments, failing which, respondent would be at liberty to execute order in accordance with law.

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It is submitted that complainant has also agreed to return any other cheques, if available with him and an affidavit

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NC: 2025:KHC:51699 CRL.RP No. 1480 of 2024

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HC-KAR

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undertaking is filed by petitioner affirming terms of joint memo

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and undertaking which reads as under:

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"JOINT MEMO

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It is submitted that, the parties in the above case, have amicably settled the issue for a sum of Rs.17,50,000/- only. As per the terms of the settlement, out of Rs.17,50,000/-, the appellant agreed to pay the amount of Rs.8,75,000/- within six months and agreed to pay the same in three equal instalments, as a full and final settlement. Failing which the respondent is at liberty to execute the same in accordance with law. Further the appellant is herewith agreed to withdraw the amount of s.8,75,000/- deposited before the Trial Court by the respondent and further the respondent agreed to return the cheques if any retained with him.

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AFFIDAVIT

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1. I am the petitioner in the above case, I am conversant to the facts of the case. Hence, I am swearing to this affidavit.

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2. I state that I have filed above Criminal Revision Petition seeking to set aside the Judgment Dtd:05.04.2024 passed by the Senior Civil Judge and JMFC, Pavagada in CC No.622/2017 convicting the Petitioner for the offences under Section 138 of NI Act, to pay a sum of Rs.17,50,000/- in default to undergo S.I for a period of Six months and also judgment Dtd:30.09.2024 passed by IV Addl. District and Sessions Judge at Tumakuru, sitting at Madhugiri

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NC: 2025:KHC:51699 CRL.RP No. 1480 of 2024

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HC-KAR

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in Criminal Appeal No.5008/2024 and to acquit me for the offence punishable U/Sec. 138 of Negotiable Instrument Act.

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3. I state that, there is a settlement arrived between me and the respondent. As per the terms of the settlement, I agreed to pay an amount of Rs.8,75,000/- in Three Installments within a period of 6 months. Further, I herewith agreed to withdraw the amount of Rs.8,75,000/deposited before the Trial Court by the respondent.

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4. I state that, I herewith undertake that I will pay the aforesaid amount within 6 months in 3 installments without fail, failing which the respondent is at liberty to execute the same in accordance with law.

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5. I state that, there are no any claims whatsoever nature either in present, pass or future with respect to this transaction.

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What is stated above are true to the best of my knowledge and I believe the same to be true."

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Parties are present and identified by their

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respective counsel.

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On interaction, parties have stated that they have been explained terms and conditions of settlement and after understanding, they have affirmed same out of their free will

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NC: 2025:KHC:51699 CRL.RP No. 1480 of 2024

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HC-KAR

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and volition without there being any threat, coercion or undue influence from anybody.

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Perused joint memo and affidavit . Same are taken

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on record.

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In terms of settlement, this Criminal Revision Petition is disposed of ; concurrent judgments of conviction and order of sentences dated 30.09.2024 passed by IV Additional District and Sessions Judge, Tumakuru (sitting at Madhuiri), in Crl.A.no.5008/2024 and dated 05.04.2024 passed by learned Senior Civil Judge and J.M.F.C., Pavagada, in C.C.no.622/2022 are set-aside, acquitting petitioner of offence punishable under Section 138 of NI Act.

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Trial Court is directed to release amount in deposit in favour of respondent - complainant.

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Registry to forthwith transmit TCR to Trial Court.

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Sd/(RAVI V HOSMANI) JUDGE

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GRD List No.: 1 Sl No.: 22

Shivareddy v. Narayana Reddy

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Shivareddy v. Narayana Reddy

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