Sri G S Suresh Gupta Vs Sri Srinivas N

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1 - NC: 2025:KHC:40960 CRL.RP No. 825 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 825 OF 2025

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BETWEEN:

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SRI G.S. SURESH GUPTA S/O G.B. SUBRAMANYA SETTY, AGED ABOUT 65 YEARS, R/A NO. 23/4-1, 1^ST MAIN ROAD, 1^ST CROSS, SWIMMING POOL ROAD, MAHALAKSHMI LAYOUT, BENGALURU - 560 086, MOBILE NO 9945587569.

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…PETITIONER

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(BY SRI P VITTAL SHETTY, ADVOCATE)

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AND:

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Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka

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SRI SRINIVAS N., S/O K. NAGARAJ, AGED ABOUT 42 YEARS, R/A NO. 50, 1^ST 'A' CROSS, MODEL LIC COLONY, BASAVESHWARNAGAR, BENGALURU - 560 070.

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…RESPONDENT

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(BY SRI SURESH D. DESHPANDE, ADVOCATE)

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DTD 06.03.2025 PASSED IN CRL.A.NO.627/2023 BY THE HONBLE LII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-53) IN CONFIRMING THE JUDGMENT DATED 15.04.2023, PASSED BY THE LRD. IV ADDL. SMALL CAUSES JUDGE AND ACMM, COURT

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2 -

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NC: 2025:KHC:40960 CRL.RP No. 825 of 2025

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HC-KAR

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OF SMALL CAUSES, BENGALURU (SCCH-6) IN C.C.NO.6241/ 2022, CONVICTING THE ACCUSED. AND ETC.,

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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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ORAL ORDER

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Challenging judgment dated 06.03.2025 passed by LII Addl. City Civil & Sessions Judge, Bengaluru (CCH-53) in Crl.A.no.627/2023 confirming judgment of conviction and order of sentence dated 15.04.2023 passed by IV Addl. Small Causes Judge & ACMM Court of Small Causes, Bengaluru (SCH-6) in C.C.no.6241/2022, 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, wherein respondent/complainant agreed to pay sum of Rs.3,50,000/- (Rupees three lakh and fifty thousand only) in full and final settlement towards respondent's claim. It is agreed between parties that sum of Rs.2,40,000/- deposited by petitioner is permitted to be withdrawn by respondent and balance amount of Rs.1,10,000/- is agreed to be paid by petitioner in two installments i.e., Rs.55,000/- on or before

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3 - NC: 2025:KHC:40960 CRL.RP No. 825 of 2025

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HC-KAR

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20.12.2026 and remaining amount of Rs.55,000/- on or before 20.02.2026 respectively. It is also agreed between parties that in case of default in payment of said amount, complainant would be entitled for recovery of entire cheque amount of Rs.4,75,000/-.

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Terms of Joint Memo, reads as under:

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"JOINT MEMO

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1) The petitioner submits that the respondent had filed a proceeding under Section 138 of NI Act for the dishonour of the cheque for a sum of Rs.4,75,000/- in CC No.6241/2022 before the IV Addl. Small Causes Judge and ACMM Court of Small Causes, Bangalore. The said Court was pleased to convict the Petitioner herein and sentenced to pay a sum of Rs.4,80,000/- as per the Conviction order and sentence dated 15/04/2023.

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2) It is further submitted that against the above said conviction order and sentence the petitioner has preferred a Criminal Appeal in Crl. Appeal No.627/2023 before the Hon'ble LII Addl. City Civil and Sessions Judge, Bangalore. The said appeal was also dismissed on 06/03/2025 by confirming the order of the trial court. Against the said order, the petitioner herein preferred the present Criminal Revision Petition. By the intervention of this Hon'ble Court, both parties have agreed to settle the above matter as full as final settlement for a total sum of Rs.3,50,000/- which includes the 50% of the amount totally amounting to Rs.2,40,000/- deposited before the Hon'ble Trial Court by the petitioner. The balance amount of Rs.1,10,000/- is agreed to be paid in 2 equal installments as follows:

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a) A sum of Rs.55,000/- on or before 20/12/2026

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b) Balance sum of Rs.55,000 on or before 20/02/2026.

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4 - NC: 2025:KHC:40960 CRL.RP No. 825 of 2025

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HC-KAR

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The respondent has duly agreed for the above terms of payment.

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3) It is further submitted that the total amount of Rs.2,40,000/-deposited by the petitioner before trial Court may be ordered to release in favour of the respondent. The respondent is having no other claim against the petitioner in respect of the subject Cheque. In case of default, the complainant is entitle for entire cheque amount ie. Rs. 4,75,000-.

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Wherefore it is prayed that this Hon'ble Court may be pleased to pass suitable orders in terms of this joint memo in the interest of justice and equity.

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Perused Joint Memo. Same is taken on record.

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Parties are present and identified by their respective counsel. On interaction, they have stated that terms of joint memo were explained to them and after understanding same, they have affirmed it out of their free will and volition without there being any threat, coercion or undue influence from anybody. Joint Memo is duly signed by both parties, whose signatures are identified by their respective counsel.

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