Allowed¶53

Sri D M Munirajappa v. Sri B N Sudhakar Reddy

Karnataka HC20 Aug 2025CRL.RP/468/2025

Case brief

AI extract

What is this about?

Section 138 NI Act conviction quashed on settlement/compounding under Section 320(2) CrPC read with Section 147 NI Act; CRL.RP No. 468 of 2025; NC: 2025:KHC:32461; Justice Anant Ramanath Hegde; XIV ACMM Mayo Hall CC.No.50476/2019 judgment 19.02.2024; appeal Crl.A.No.25112/2024 dismissed 20.01.2025 by LXXII Addl. City Civil & Sessions Judge; fine Rs.2,45,00,000 set aside; Rs.35,00,000 paid through five demand drafts; acquittal; bail bond cancelled; suits O.S.No.1906/2022 and O.S.No.1907/2022 not pressed; filed u/s 397 r/w 401 CrPC and u/s 438 r/w 442 BNSS.

What did the court decide?

Criminal Revision Petition allowed in terms of settlement; judgments dated 20.01.2025 (Crl.A.No.25112/2024) and 19.02.2024 (CC.No.50476/2019) set aside; petitioners/accused acquitted; bail bonds, if any, cancelled. ¶53

Sri D M Munirajappa Vs Sri B N Sudhakar Reddy — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶53

Issue for consideration

Whether the concurrent finding of guilt against the petitioners/accused for the offence under Section 138 NI Act should be interfered with in this criminal revision petition, given the settlement/compounding arrived at between the parties.

¶31

Court's answer

The application under Section 320(2) CrPC read with Section 147 of the Negotiable Instruments Act, 1881 is taken on record and allowed.

¶46

Ratio / Principle

The Criminal Revision Petition is allowed in terms of the settlement arrived at between the parties.

¶53

Key takeaways

The judgment dated 20.01.2025 in Crl.A.No.25112/2024 of the LXXII Addl. City Civil & Sessions Judge and the judgment dated 19.02.2024 in C.C.No.50476/2019 of the XIV Addl. Chief Metropolitan Magistrate are set aside.ratio¶54
The petitioners/accused stand acquitted.ratio¶55
Any bail bond furnished by the accused stands cancelled.ratio

Detailed headnote1 paragraphs

Karnataka High Court (Anant Ramanath Hegde J., 20.08.2025), CRL.RP No. 468 of 2025 (NC: 2025:KHC:32461): Petitioners/accused had been convicted under S.138 of the Negotiable Instruments Act, 1881 by the XIV ACMM, Mayo Hall Unit, Bengaluru (judgment dt. 19.02.2024, C.C.No.50476/2019) and sentenced to a fine of Rs.2,45,00,000/- with six months' imprisonment on default; their first appeal (Crl.A.No.25112/2024) was dismissed by the LXXII Addl. City Civil & Sessions Judge on 20.01.2025. Thereafter the parties compounded the offence: the accused paid Rs.35,00,000/- through five demand drafts (receipt acknowledged), petitioner No.2 agreed not to press O.S.Nos.1906/2022 and 1907/2022, and the respondent confirmed the settlement was voluntary. On a joint application under S.320(2) CrPC read with S.147 NI Act, the High Court allowed the revision petition filed u/s 397 r/w 401 CrPC (u/s 438 r/w 442 BNSS) in terms of the settlement, set aside both the trial court and appellate judgments, acquitted the accused, and cancelled bail bonds, if any.

¶1

NC: 2025:KHC:32461 CRL.RP No. 468 of 2025

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 20^TH DAY OF AUGUST, 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

¶8

CRIMINAL REVISION PETITION NO. 468 OF 2025

¶9

BETWEEN:

¶10

SRI. D.M. MUNIRAJAPPA S/O MUNIYAPPA AGED ABOUT 45 YEARS RESIDING AT NO.37, 1^ST MAIN 3^RD CROSS, HOYSALA LAYOUT AMRUTHAHALLI, S.K. NAGAR POST BENGALURU-560 092

¶11

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

¶12

SMT. JAYAMMA W/O LATE MUNIYAPPA AGED ABOUT 60 YEARS RESIDING AT NO.148, RENUKAMMA ROAD KALKERE VILLAGE, HORAMAVU POST K.R. PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 083

¶13

…PETITIONERS

¶14

(BY SRI. ANAND R.V, ADVOCATE)

¶15

AND:

¶16

SRI. B.N. SUDHAKAR REDDY

¶17

¶18

NC: 2025:KHC:32461 CRL.RP No. 468 of 2025

¶19

HC-KAR

¶20

S/O SRI. NAGAREDDY AGED ABOUT 36 YEARS RESIDENT OF BYRATHI VILLAGE BIDARAHALLI HOBLI

¶21

BENGALURU EAST TALUK BENGALURU-560 077

¶22

…RESPONDENT

¶23

(BY SRI. SRINIVAS V., ADVOCATE)

¶24

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE JUDGEMENT, ORDER AND CONVICTION DTD 19.02.2024 PASSED BY THE XIV ACMM COURT, MAYO HALL UNIT, BENGALURU, IN CC.NO.50476/2019 AND ALSO SET ASIDE THE JUDGEMENT DTD 20.01.2025 PASSED IN CRL.A.NO.25112/2024, ON THE FILE OF THE HON'BLE LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ALLOW THE RP AND ACQUIT THE PETITIONER, FOR THE OFFENCE P/U/S 138 OF N.I ACT.

¶25

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

¶26

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

¶27

¶28

NC: 2025:KHC:32461 CRL.RP No. 468 of 2025

¶29

HC-KAR

¶30

ORAL ORDER

¶31

This Criminal Revision Petition is filed challenging the concurrent finding in respect of the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

¶32

The petitioners/accused are sentenced to pay a fine of Rs.2,45,00,000/-. In the event of default of payment of fine amount, petitioners/accused are directed to undergo imprisonment for a period of six months.

¶33

The Appeal filed by the accused is dismissed.

¶34

Hence, the present petition is filed by the petitioners/ accused.

¶35

Learned counsel appearing for the petitioners and

¶36

the learned counsel appearing for the respondent are present. Petitioners and respondent are also present before the Court.

¶37

An application is filed under Section 320(2) of the

¶38

Code of Criminal Procedure read with Section of 147 of Negotiable Instruments Act, 1881. Application is signed by

¶39

¶40

NC: 2025:KHC:32461 CRL.RP No. 468 of 2025

¶41

HC-KAR

¶42

the learned counsel appearing for both sides and also by the petitioners and the respondent.

¶43

In paragraph No.3 of the said application, it is stated that petitioners/accused have paid a sum of Rs.35,00,000/- through five Demand Drafts. The respondent acknowledges the receipt of five Demand Drafts totaling to Rs.35,00,000/-.

¶44

It is also agreed by the petitioners that the suit filed by petitioner No.2 herein in O.S.No.1906/2022 and O.S.No.1907/2022 on the file of Principal Senior Civil Judge, Bangalore Rural district will not be pressed as the claim made in the said suit is adjusted in the present petition.

¶45

The respondent who is present before this Court submits that he has voluntarily entered into settlement arrived at.

¶46

Application is taken on record and same is

¶47

allowed.

¶48

Hence, the following:

¶49

¶50

NC: 2025:KHC:32461 CRL.RP No. 468 of 2025

¶51

HC-KAR

¶52

ORDER

¶53

(i) The Criminal Revision Petition is allowed in terms of settlement.

¶54

(ii) The impugned judgment dated 20.01.2025 in Crl. Appeal No.25112/2024 on the file of LXXII Additional City Civil & Sessions Judge, Mayo Hall, Bengaluru and the judgment dated 19.02.2024 in C.C.No.50476/2019 on the file of XIV Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru are set - aside.

¶55

(iii) The petitioners/accused are acquitted.

¶56

(iv) Bail bond if any, stands cancelled.

¶57

Sd/(ANANT RAMANATH HEGDE) JUDGE

¶58

GVP

¶59

List No.: 2 Sl No.: 1

Sri D M Munirajappa v. Sri B N Sudhakar Reddy

Case brief

What is this about?

What did the court decide?

Sri D M Munirajappa v. Sri B N Sudhakar Reddy

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Fazlulla Shariff Vs Rehamathulla Shariff

Sri C R Narasimha Murthy Vs Sri C N Prahallada

Smt. Jayamma Vs Smt. Chennamma

Sri Kishore Vs Mr Vasanth Shetty

Mr. C Basavaraju Vs Mr. S. Krishnappa

Sri Prakasha Vs State of Karnataka