Disposed¶32

Mr. C Basavaraju v. Mr. S. Krishnappa

Karnataka HC20 Aug 2025CRL.RP/868/2022

Case brief

AI extract

What is this about?

Section 138 NI Act cheque dishonour conviction; CRL.RP 868/2022 Karnataka HC; joint memo compounding on full payment; fine Rs.4,00,000 paid; complainant satisfied nothing due; conviction set aside; acquittal; bail bond cancelled; deposit released; C.C.No.29/2016 JMFC Mysuru 05.02.2021; Crl.A.No.56/2021 VII Additional Sessions Judge Mysuru 10.01.2022; Sections 397 r/w 401 CrPC revision; Justice Anant Ramanath Hegde; disposed 20.08.2025.

What did the court decide?

Revision petition disposed of on the accepted joint memo: the appellate judgment in Criminal Appeal No.56/2021 (10.01.2022) and the trial court judgment in C.C.No.29/2016 (05.02.2021) were set aside; the petitioner/accused was acquitted; bail bond, if any, cancelled; and any amount in deposit ordered released to the petitioner/accused. ¶32

Mr. C Basavaraju Vs Mr. S. Krishnappa — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal revision petition assailing the concurrent conviction under Section 138 of the Negotiable Instruments Act, 1881 should be disposed of on the basis of the joint memo, given full payment of the fine of Rs.4,00,000/- and the complainant's confirmation that nothing remained due.

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Court's answer

The Court perused and accepted the joint memo signed by the petitioner, petitioner's counsel and the respondent.

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Ratio / Principle

The impugned judgment dated 10.01.2022 in Criminal Appeal No.56/2021 (VII Additional Sessions Judge, Mysuru) is set aside.

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Key takeaways

The trial court judgment dated 05.02.2021 in C.C.No.29/2016 (JMFC, Mysuru) is set aside.ratio¶33
The petitioner/accused is acquitted.ratio¶34
Bail bond, if any, stands cancelled.ratio¶35

Detailed headnote1 paragraphs

Karnataka HC (Bengaluru), CRL.RP No. 868 of 2022, Anant Ramanath Hegde, J., 20.08.2025 (Oral Order): Criminal revision under Sections 397/401 CrPC assailing concurrent conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881 (trial judgment in C.C.No.29/2016 dated 05.02.2021, JMFC Mysuru; appeal judgment in Criminal Appeal No.56/2021 dated 10.01.2022, VII Additional Sessions Judge, Mysuru) was disposed of on a joint memo signed by the petitioner, his counsel and the respondent/complainant. The fine of Rs.4,00,000/- had been paid in full and the complainant confirmed nothing remained due. The Court accepted the joint memo, set aside both judgments, acquitted the petitioner/accused, cancelled any bail bond, and directed release of any amount in deposit to the accused.

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NC: 2025:KHC:32462 CRL.RP No. 868 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 868 OF 2022

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BETWEEN:

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MR. C. BASAVARAJU S/O CHIKKAPUTTAIAH AGED ABOUT 61 YEARS RESIDING AT NO.2552/3 4^TH CROSS, KALIDASA ROAD V.V.MOHALLA MYSORE-570 002

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…PETITIONER

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(BY SRI. SUNIL KUMAR H, ADVOCATE)

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AND:

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

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MR. S. KRISHNAPPA S/O LATE SUBBAIAH M AGED ABOUT 68 YEARS RESIDING AT NO.62, 1^ST CROSS SATHYAMARGA SIDDARTH NAGAR LAYOUT MYSORE-570 011 …RESPONDENT (BY SRI. DINAKAR M.P, ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE COURT OF IX ADDITIONAL I CIVIL JUDGE AND J.M.F.C., MYSURU IN C.C.NO.29/2016 DATED 05.02.2021 AND SET ASIDE THE ORDER PASSED BY THE VII ADDITIONAL SESSIONS JUDGE, MYSURU IN CRL.A.NO.56/2021 DATED 10.01.2022.

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NC: 2025:KHC:32462 CRL.RP No. 868 of 2022

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, 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 Criminal Revision Petition is filed assailing the concurrent finding for conviction and sentence for the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

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Learned counsel for the petitioner has filed a joint memo signed by the petitioner, learned counsel for the petitioner and the respondent.

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The petitioner/accused was convicted to pay a fine of Rs.4,00,000/-. It is submitted that the entire amount is paid by the accused to the complainant.

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The complainant/respondent who is present before the Court submits that he has received the entire amount due from the petitioner/accused and nothing is due from the petitioner / accused.

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NC: 2025:KHC:32462 CRL.RP No. 868 of 2022

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HC-KAR

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This Court has perused the joint memo and the

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same is accepted.

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Hence, the following:

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ORDER

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(i) The Criminal Revision Petition is disposed of.

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(ii) The impugned judgment dated 10.01.2022 in Criminal Appeal No.56/2021 on the file of VII Additional Sessions Judge, Mysuru and the judgment dated 05.02.2021 in C.C.No.29/ 2016 on the file of JMFC, Mysuru are setaside.

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(iii) The petitioner / accused is acquitted.

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(iv) Bail bond if any, stands cancelled.

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(v) The amount in deposit if any, shall be released in favour of the petitioner / accused.

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Sd/-

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(ANANT RAMANATH HEGDE) JUDGE

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GVP List No.: 2 Sl No.: 30

Mr. C Basavaraju v. Mr. S. Krishnappa

Case brief

What is this about?

What did the court decide?

Mr. C Basavaraju v. Mr. S. Krishnappa

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

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