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Sri M Jayanna v. Sri Fazlulla Khan

Karnataka HC9 Jun 2026CRL.A/1093/2013

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru; Justice S Rachaiya; CRL.A No. 1092 of 2013 c/w CRL.A No. 1093 of 2013; decided 09-06-2026; appeals under S.378(4) Cr.P.C. against acquittals dated 13.09.2013 under S.138 Negotiable Instruments Act in C.C.No.26870/2011 and C.C.No.26628/2011 (XIV A.C.M.M., Mayo Hall Unit, Bangalore); appellants/complainants Sri A Muralidhara Reddy and Sri M Jayanna (Smt. S.B. Lakshmi); respondent/accused Sri Fazlulla Khan (Sri. T. Prakash); amicable settlement before Karnataka Mediation Centre; settlement amount received in full, no balance; appeals disposed of in terms of settlement; pending I.A. disposed of.

What did the court decide?

Both criminal appeals disposed of in terms of the settlement arrived at between the parties before the Karnataka Mediation Centre; the pending I.A. also disposed of as not surviving for consideration.

Sri M Jayanna Vs Sri Fazlulla Khan — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgment of acquittal dated 13.09.2013 in C.C. No.26870/2011 passed by the XIV Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bangalore, acquitting the respondent/accused for the offence under Section 138 of the Negotiable Instruments Act, should be set aside. +1 more

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Ratio / Principle

The parties settled the matters amicably in the mediation before the Karnataka Mediation Centre.

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Key takeaways

Both parties have adhered to the terms and conditions stipulated in the mediation report.ratio¶51
The appellants have received the amount as required to be paid and there is no balance amount remaining to be paid.ratio¶51
The Criminal Appeals stand disposed of in terms of the settlement arrived at between the parties before the Karnataka Mediation Centre.ratio

Detailed headnote1 paragraphs

Criminal Appeals (CRL.A No. 1092 of 2013 c/w CRL.A No. 1093 of 2013) under S.378(4) Cr.P.C. by two complainants sought to set aside judgments of acquittal dated 13.09.2013 passed by the XIV A.C.M.M., Mayo Hall Unit, Bangalore, in C.C.No.26870/2011 and C.C.No.26628/2011, acquitting the respondent/accused of the offence punishable under S.138 of the Negotiable Instruments Act. During pendency, the parties settled the matters amicably in mediation before the Karnataka Mediation Centre. The Court recorded that both parties had adhered to the terms and conditions of the mediation report and that the appellants had received the amount required to be paid with no balance remaining. The parties were present and identified by their respective counsel. Accordingly, the Court disposed of both Criminal Appeals in terms of the settlement, appreciated the efforts of counsel, and held that the pending I.A. did not survive for consideration and stood disposed of. No merits adjudication of the acquittals was made.

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NC: 2026:KHC:27532 CRL.A No. 1092 of 2013 C/W CRL.A No. 1093 of 2013

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1092 OF 2013 (A)

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C/W

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CRIMINAL APPEAL NO. 1093 OF 2013 (A)

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IN CRL.A No. 1092/2013

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BETWEEN:

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Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka

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SRI A MURALIDHARA REDDY AGED ABOUT 44 YEARS, SON OF LATE SRI A C VENKATARAMAPPA, RESIDING AT : #21/2, PATEL SEETHAPPA COLONY, 8^TH MAIN ROAD, NEW THIPPASANDRA, BANGALORE – 560 075.

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(BY SMT. S.B.LAKSHMI, ADVOCATE)

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AND:

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…APPELLANT

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SRI FAZLULLA KHAN AGED ABOUT 47 YEARS SON OF SRI RASHEED KHAN RESIDING AT: #19, 4^TH CROSS 1^ST MAIN, ANNASANDRAPALYA BANGALORE – 560 017.

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NC: 2026:KHC:27532 CRL.A No. 1092 of 2013 C/W CRL.A No. 1093 of 2013

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HC-KAR

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ALSO AT: M/S MISBA REAL ESTATE, SHOP NO.9, 1^ST MAIN LAL BAHADUR SHASTRY NAGAR, BANGALORE – 560 017.

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…RESPONDENT

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(BY SRI. T. PRAKASH, ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 13.09.2013 PASSED BY THE XIV A.C.M.M., BANGALORE IN C.C.NO.26870/2011 - ACQUITTING THE RESPONDENT / ACCUSED FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT.

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IN CRL.A NO. 1093/2013

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BETWEEN:

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SRI. M JAYANNA AGED ABOUT 39 YEARS, S/O LATE SRI. MALLE GOWDA, RESIDING AT: # 15, 1^ST CROSS, OPP. AKHTAR COMPOUND, 1^ST MAIN, LAL BAHADUR SHASTRY NAGAR, BANGALORE – 560 017.

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...APPELLANT

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(BY SMT. S.B.LAKSHMI, ADVOCATE)

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3 - NC: 2026:KHC:27532 CRL.A No. 1092 of 2013 C/W CRL.A No. 1093 of 2013

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HC-KAR

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AND:

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SRI FAZLULLA KHAN AGED ABOUT 47 YEARS, S/O SRI RASHEED KHAN, RESIDING AT # 19, 4^TH CROSS, 1^ST MAIN, ANNASANDRAPALYA, BANGALORE – 560 017.

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ALSO AT: M/S.MISBA REAL ESTATE, SHOP NO.9, 1^ST MAIN, LAL BAHADUR SHASTRY NAGAR, BANGALORE – 560 017.

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...RESPONDENT

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(BY SRI. T. PRAKASH, ADVOCATE)

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THIS CRL.A. FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 13.09.2013 PASSED BY THE XIV A.C.M.M., MAYO HALL UNIT, BANGALORE IN C.C.NO.26628/2011 - ACQUITTING THE RESPONDENT / ACCUSED FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTUMENTS ACT.

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THESE APPEALS, COMING ON FOR REPORTING SETTELLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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4 - NC: 2026:KHC:27532 CRL.A No. 1092 of 2013 C/W CRL.A No. 1093 of 2013

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HC-KAR

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ORAL JUDGMENT

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Heard Smt. S.B. Lakshmi, learned counsel for the appellants and Sri. T. Prakash, learned counsel for the common respondent, in both appeals.

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Criminal Appeal No.1092/2013 is filed by the appellant / complainant seeking to set aside the judgment dated 13.09.2013 in C.C. No.26870/2011 passed by the XIV Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bangalore.

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Criminal Appeal No.1093/2013 is filed by the appellant / complainant seeking to set aside the judgment dated 13.09.2013 in C.C. No.26628/2011 passed by the XIV Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bangalore.

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Learned counsel for the appellants and the common respondent submit that the parties have settled the matters amicably in the mediation before the Karnataka Mediation Centre.

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5 - NC: 2026:KHC:27532 CRL.A No. 1092 of 2013 C/W CRL.A No. 1093 of 2013

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HC-KAR

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The appellants and the respondent are present before this Court and they have been identified by their respective counsel.

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As per the submission of the learned counsel for the respective parties, both parties have adhered to the terms and conditions stipulated in the mediation report. The learned counsel for the appellants submitted that the appellants have received the amount as required to be paid and there is no balance amount remaining to be paid and the case may be disposed of. The submission is placed on record.

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