K N Venkataramu Vs M/S Mallika Arecanuts Pvt. Ltd.

M/S MALLIKA ARECANUTS PVT LTD., NO. 19, APMC YARD, BY ITS EXECUTIVE DIRECTOR, K. GURUPRASAD, S/O. G. KRISHNAPPA, MILLIKA AUTO CENTRE, INDUSTRIAL AREA, SAGAR TOWN, SHIVAMOGGA DISTICT - 577 401.

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(BY SRI H.JAYAKARA SHETTY, ADVOCATE)

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…RESPONDENT

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT RENDERED IN 152/2011 DATED 10.09.2018 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT SAGAR AND CONFIRMED BY THE APPELLANT COURT IN CRL.A.NO.10029/ 2018 DATED 07.01.2019 BY 5^th ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT SAGAR.

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NC: 2025:KHC:40957 CRL.RP No. 237 of 2019

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL ORDER

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Challenging judgment dated 07.01.2019 passed by V Addl. District & Sessions Judge, Shivamogga, sitting at Sagar in Crl.A.no.10029/2018 confirming judgment of conviction and order of sentence dated 10.09.2018 passed by Addl. Senior Civil Judge and JMFC., Sagar, in C.C.no.152/2011, this revision petition is filed.

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It was submitted, during pendency of revision petition, by order dated 25.07.2025, matter was referred for mediation. Parties have participated in mediation, which has resulted in settlement and terms of which are drawn in agreement, placed before Court and prayed that revision petition may be disposed of in terms of settlement.

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3. Terms of settlement reads as under:

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MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

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The parties above named beg to submit as follows:-

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The respondent/complainant has filed C.C.No.152/2011 before the Addl. Senior Civil Judge and JMFC at Sagar

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NC: 2025:KHC:40957 CRL.RP No. 237 of 2019

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HC-KAR

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under 138 of NI Act, and Hon'ble Court has convicted the petitioner/accused and the same is confirmed by the V Addl. District and Sessions Judge, Shivamogga sitting at Sagara in Crl A No.10029/2018. The petitioner/accused has filed the above case against the judgment and order passed in Crl A No.10029/2018.

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I. The aforesaid Criminal revision petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the Petitioner and the Respondent represented by its Executive Director Sri. K Guruprasad along with their advocate were present, identified each other and they have resolved their dispute and both parties have agreed to the following terms and conditions:

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1. The petitioner/Accused has agreed to pay a sum Rs.6,05,000/- (Rupees Six Lakhs Five Thousand Only) to the respondent/Complainant in full and final settlement of all their claims.

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2. The petitioner/Accused has agreed to pay a sum of Rs.6,05,000/- (Rupees Six Lakhs Five Thousand Only) by way of demand draft bearing No.627080 dated 08.10.2025 drawn on State Bank of India, Sagara Branch, issued in the name of Guruprasad K/ respondent/ complainant and the said D.D will be handed over to the Guruprasad K/ respondent/complainant Executive Director of M/s. Mallika Arecanuts (P) Ltd, before the Hon'ble Court at the time of reporting settlement.

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3. The respondent company came to be defunct in the year 2005, hence the accused/petitioner has issued a demand draft in name of Guruprasad K/ respondent/ complainant Executive Director of M/s. Mallika Arecanuts (P) Ltd.

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4. In furtherance of the above payment Gruprasad K the executive director of M/s. Mallika Arecanusts P Ltd,/respondent/complainant company agreed that on receipt of the said sum of Rs.6,05,000/- (Rupees Six Lakhs Five Thousand Only) in future they will not claim or demand said amount from the petitioner/accused in respect of cause of action stated in the above case.

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NC: 2025:KHC:40957 CRL.RP No. 237 of 2019

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HC-KAR

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5. It is further agreed between the parties that if any amount deposited by the accused before the Trial Court, the accused is at liberty to withdraw the same.

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6. Both the parties state that they have no other claims against each other.

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II. In view of the aforesaid agreement entered into between the parties, the parties pray this Hon'ble Court to decree the above appeal in terms of the aforesaid agreement.

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III. Parties will appear before the Hon'ble Court for necessary orders in terms of the agreement".

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Petitioner is present and identified by his counsel.

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On interaction, he stated that terms of settlement were explained and after understanding same, affirmed it out his free will and volition without there being any threat, coercion or undue influence from anybody and Memorandum of settlement is duly signed by both parties, whose signatures are identified by their respective counsel.

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In terms of settlement, petitioner/accused has agreed to pay a sum of Rs.6,05,000/- (Rupees six lakhs and five thousand only) to respondent in full and final settlement of all claims of respondent in present revision petition. An application is filed for compounding of offence.

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Counsel for respondent is present and submits no objection for allowing revision petition.

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5 - NC: 2025:KHC:40957 CRL.RP No. 237 of 2019

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HC-KAR

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I have perused terms of settlement and same are found to be lawful. Memorandum of settlement is accepted and taken on record.

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In terms of settlement a demand draft bearing no.627080 dated 08.10.2025 drawn on State Bank of India, Sagara Branch, issued in name of Sri Guruprasad - respondentcomplainant, Executive Director of M/s Mallika Arecanuts (P) Ltd. and handed over to learned counsel for respondent and receipt of same is acknowledged by learned counsel on behalf of respondent.

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Consequently, Revision petition is allowed to extent and in terms of settlement; judgments dated 07.01.2019 passed by V Addl. District & Sessions Judge, Shivamogga, sitting at Sagar in Crl.A.no.10029/2018 and 10.09.2018 passed by Addl. Senior Civil Judge and JMFC., Sagar, in C.C.no.152/2011 are set aside.

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Sd/(RAVI V HOSMANI) JUDGE

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Psg*

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List No.: 2 Sl No.: 1

K N Venkataramu v. M/S Mallika Arecanuts Pvt. Ltd.

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K N Venkataramu v. M/S Mallika Arecanuts Pvt. Ltd.

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