Sudha K Vs D v Govindraju — Cheque Dishonour | Karnataka HC (2025)

Sudha K Vs D v Govindraju — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Revision disposed on the joint application dated 19.09.2025: the judgments dated 17.09.2022 in C.C.No.1092/2018 and dated 21.12.2024 in Criminal Appeal No.1256/2022 are modified in terms of the settlement (complainant to receive Rs.4,50,000/- in full and final settlement); petitioner/accused, who is serving sentence, to be released forthwith; balance Rs.1,50,000/- payable on or before 10.10.2025, failing which the original sentence stands revived.

Issue for consideration

Whether the impugned judgment and order dated 17.9.2022 in C.C.1092/2018 and its confirmation dated 21.12.2024 in CRI.A.No. 1256/2022 should be set aside. +1 more

Court's answer

The judgment dated 21.12.2024 in Criminal Appeal No.1256/2022 and the judgment dated 17.09.2022 in C.C.No.1092/2018 are modified in terms of the joint application (rather than set aside as prayed).

Ratio / Principle

The joint application signed by the learned counsel for the petitioner, the learned counsel for the respondent and the respondent/complainant, recording the settlement dated 19.09.2025, is accepted by the Court.

Key takeaways

Since the accused is serving sentence, in terms of the settlement the petitioner/accused shall be released forthwith.ratio¶11
In case of default by the petitioner in paying the agreed amount, the sentence passed by the Trial Court and confirmed by the Appellate Court stands revived.ratio¶8

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (Anant Ramanath Hegde, J.), Oral Order dated 19.09.2025 in CRL.RP No. 58 of 2025 (S.397 r/w 401 Cr.PC / S.438 r/w 442 BNSS): Sudha K (petitioner/accused) challenged her conviction under Section 138 of the Negotiable Instruments Act, 1881 in C.C.1092/2018 (Additional Chief Metropolitan Magistrate SCCH-6, Bengaluru, judgment dated 17.09.2022 — fine of Rs.5,05,000/-, default simple imprisonment six months, Rs.5.00 lakhs compensation to complainant, Rs.5,000/- forfeited to State), as confirmed by the LXII Additional City Civil and Sessions Judge (CCH-63), Bengaluru in Crl.A.1256/2022 by judgment dated 21.12.2024. On a joint application of counsel for both sides and the complainant recording a settlement dated 19.09.2025 modifying the earlier settlement dated 05.05.2025 — complainant to receive Rs.4,50,000/- in full and final settlement (Rs.1.00 lakh received on 05.05.2025, Rs.2.00 lakhs received in Court, Rs.1,50,000/- payable on or before 10.10.2025, failing which the sentence passed by the Trial Court and confirmed by the Appellate Court stands revived) — the Court accepted the joint application, modified both impugned judgments in terms thereof, and directed that the petitioner/accused, who is serving sentence, be released forthwith; Registry to communicate the operative portion to the jail authorities.

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NC: 2025:KHC:37759 CRL.RP No. 58 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 58 OF 2025 (397(Cr.PC) / 438(BNSS)-)

BETWEEN:

SUDHA K

AGED ABOUT 53 YEARS,W/O KARIYAPPA, RESIDENT OF NO 7/1,12TH CROSS, AGARAHARA DASARA HALLI,MAGADI MAIN ROAD,

BANGALORE - 560079

…PETITIONER

(BY SRI. MANJUNATHA N M, ADVOCATE)

AND:

D V GOVINDRAJU

AGED ABOUT 58 YEARS, S/O LATE VENAKTARAMANAIAH, RESIDING AT NO 637,63RD CROSS,

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

5TH BLOCK,RAJAJINAGAR,BENGALURU - 560010

…RESPONDENT

(BY SRI. REVANASIDDAPPA H. K..,ADVOCATE)

CRL.RP FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 17.9.2022 IN C.C.1092/2018 PASSED BY THE HONBLE COURT OF IV ADDITIONAL SMALL CAUSES JUDGE AND A.C.M.M (SCCH. 6), BANGALORE AND ITS CONFIRMATION IMPUGNED JUDGMENT AND ORDER DATED 21.12.2024 PASSED IN CRI.A.NO. 1256/2022 PASSED BY LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-63) AT BANGALORE and ETC.

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NC: 2025:KHC:37759 CRL.RP No. 58 of 2025

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER

This petition is filed assailing the conviction and sentence

in C.C. No.1092/2018 on the file of the Additional Chief Metropolitan Magistrate SCCH-6, Bengaluru City. In terms of conviction and sentence dated 17.09.2022 the accused is convicted for an offence under Section 138 of Negotiable Instruments Act, 1881 (for short 'Act, 1881') and is sentenced to pay fine of Rs.5,05,000/- and in default of payment of fine, sentenced to undergo simple imprisonment for six months. Out of the fine amount, Rs.5.00 lakhs is ordered to be paid as compensation to the complainant and Rs.5,000/- is ordered to be forfeited towards the expenditure of the State.

The Criminal Appeal filed by the petitioner/accused in Crl.A.1256/2022 on the file of the Sessions Judge, Bengaluru is dismissed confirming the judgment of the Trial Court.

Hence, the present petition by the

petitioner/accused against the complainant/respondent.

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NC: 2025:KHC:37759 CRL.RP No. 58 of 2025

HC-KAR

Learned counsel for the petitioner and respondent

are present before the Court. The Complainant/respondent is present before the Court. The petitioner/accused is not present before the Court.

An application is filed which bears the signature of the learned counsel for the petitioner, learned counsel for the respondent and the complainant. Along with the application, another memo is also enclosed which is signed by the complainant and the accused which was the settlement recorded on 05.05.2025. It is stated that payment was not made in terms of settlement dated 05.05.2025. Accordingly, the settlement is entered on 19.09.2025 modifying the terms as indicated in the application dated 19.09.2025.

It is recorded in the application that the complainant has agreed to receive Rs.4,50,000/- towards the full and final settlement of his claim and he has acknowledged the receipt of Rs.1.00 lakh paid in cash on 05.05.2025 as recorded in the memo dated 05.05.2025.

Before this Court today, the complainant acknowledges the receipt of Rs.2.00 lakhs in cash.

4 - NC: 2025:KHC:37759 CRL.RP No. 58 of 2025

HC-KAR

The petitioner/accused has agreed to pay

Rs.1,50,000/- on or before 10.10.2025. It is also recorded that in case of default on the part of the petitioner to pay the amount agreed, sentence passed by the Trial Court and confirmed by the Appellate Court stands revived.

A joint application which is signed by the learned counsel for the petitioner, learned counsel for the respondent and the respondent who is present before the Court is filed today. This Court has perused the terms and conditions of the joint application. Accordingly, the joint application is accepted.

The impugned judgment dated 21.12.2024 passed by the LXII Sessions Judge (CCH-63), Bengaluru in Criminal Appeal No.1256/2022 so also the judgment dated 17.09.2022 passed by the Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.1092/2018 are modified in terms of the joint application.

It is stated that the accused is serving sentence. In terms of the settlement, petitioner/accused shall be released forthwith.

NC: 2025:KHC:37759 CRL.RP No. 58 of 2025

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HC-KAR

Registry to communicate the operative portion of

the order to the jurisdictional jail authorities immediately through email.

Registry to show the name of Sri N M Manjunath, as learned counsel for the petitioner.

SD/(ANANT RAMANATH HEGDE) JUDGE

BRN List No.: 2 Sl No.: 27