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Naushad v. Mahaboob Pasha

Karnataka HC16 Sept 2025CRL.RP/541/2023

Case brief

AI extract

What is this about?

Naushad v. Mahaboob Pasha, CRL.RP No. 541 of 2023, High Court of Karnataka at Bengaluru (Anant Ramanath Hegde, J.), decided 16 September 2025. Section 138 Negotiable Instruments Act conviction (fine Rs.4,55,000/-) and appellate dismissal set aside on a joint memo recording out-of-court settlement; complainant foregoes claim after voluntariness enquiry; Rs.1,80,000/- in deposit with interest, if any, released to accused. Relevant for: disposal of S.138 NI Act revisions on settlement, release of deposited amount, verification of voluntary settlement.

What did the court decide?

Revision petition allowed: impugned conviction/sentence order in C.C.No.16/2016 and the dismissal order in Criminal Appeal No.20/2022 set aside on acceptance of the out-of-court settlement; amount in deposit with interest, if any, released to the petitioner/accused.

Naushad Vs Mahaboob Pasha — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:36848 CRL.RP No. 541 of 2023

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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 16^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO.541 OF 2023 (397(Cr.PC) / 438(BNSS)-)

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BETWEEN:

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NAUSHAD,

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S/O BASHA SAB,AGED ABOUT 43 YEARS, RESIDING AT #248/A 10^TH CROSS, HBR LAYOUT 5^TH BLOCK,NAGAWARA MAIN ROAD, A. C. POST,BENGALURU – 560 045.

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…PETITIONER

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(BY SRI. HITESH GOWDA B. J., ADVOCATE FOR SRI. ABHISHEK K., ADVOCATE)

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AND:

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MAHABOOB PASHA,

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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S/O SHAIFULLA KHAN,AGED ABOUT 33 YEARS, RESIDING AT CHIKKA TIRUPATI VILLAGE, LAKKURU HOBLI,MALURU TALUK – 563 161

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…RESPONDENT

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(BY SRI. TIGADI VEERANNA GADIGEPPA., ADVOCATE)

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO a) SET ASIDE THE ORDER OF CONVICTION AND SENTENCE IN C.C.NO.16/2016 DATED 23.02.2022 PASSED BY THE HON’BLE PRINCIPAL CIVIL JUDGE & JMFC, MALUR, AND DISMISSAL ORDER PASSED BY THE I ADDITIONAL SESSIONS JUDGE, AT KOLAR IN CRIMINAL

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NC: 2025:KHC:36848 CRL.RP No. 541 of 2023

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HC-KAR

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APPEAL NO.20/2022 DATED 29.03.2023 AND ALLOW THE PRESENT CRIMINAL REVISION PETITION, IN THE INTEREST OF JUSTICE; b) PASS ANY OTHER ORDER WHICH THIS HON’BLE COURT DEEM FIT.

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

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CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL ORDER

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This petition is filed assailing the concurrent findings

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in the proceedings arising under Section – 138 of Negotiable Instruments Act.

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In terms of the judgment dated 23.02.2022, in C.C.No.16/2016 on the file of Principal JMFC, Malur, the accused is convicted and sentenced to pay a fine of Rs.4,55,000/- (Rupees Four Lakh Fifty Five Thousand Only). The appeal filed by the accused/petitioner is also dismissed. Hence, the present criminal revision petition.

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3 - NC: 2025:KHC:36848 CRL.RP No. 541 of 2023

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HC-KAR

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The learned counsel for the petitioner and

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respondent are present before the Court, so also the petitioner and the respondent.

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The parties have filed a joint memo which is duly signed by the petitioner and the respondent.

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This Court has perused the contents of the joint memo. It is noticed from the joint memo that the complainant is foregoing his claim in view of the out of Court settlement and Rs.1,80,000/- (Rupees One Lakh

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Eighty Thousand Only) which is deposited before the trial court has to be released in favour of the petitioner / accused.

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