Sri Gopal Naik Vs Sri Anthony Das

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NC: 2026:KHC:5915 CRL.P No. 2487 of 2022 C/W CRL.P No. 2502 of 2022 CRL.RP No. 945 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2487 OF 2022 C/W CRIMINAL PETITION NO. 2502 OF 2022, CRIMINAL REVISION PETITION NO. 945 OF 2024

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IN CRL.P No. 2487/2022:

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BETWEEN:

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SRI GOPAL NAIK S/O LATE NARAYANA NAIK AGED ABOUT 37 YEARS RESIDING AT NO.186/8 2ND FLOOR, ABHISHEK COMPLEX SHESHADRIPURAM BANGALORE - 560 020.

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…PETITIONER

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(BY SRI NAIK VENKATRAMAN NAGAPPA, ADV.)

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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AND:

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SRI ANTHONY DAS S/O DEVASAHYAM AGED ABOUT 54 YEARS HEAD CONSTABLE, KSRP MACHENAHALLI SHIVAMOGGA DISTRICT RESIDING AT HOUSING BOARD BOMMANAKATTE BHADRAVATHI SHIVAMOGGA DISTRICT - 577 245.

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STATE BY PAPER TOWN POLICE BHADRAVATHI, SHIVAMOGGA DISTRICT REPRESENTED BY SPP

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HIGH COURT OF KARNATAKA

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NC: 2026:KHC:5915 CRL.P No. 2487 of 2022 C/W CRL.P No. 2502 of 2022 CRL.RP No. 945 of 2024

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HC-KAR

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AMBEDKAR VEEDHI BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI NAVEEN SHANKAR B, ADV., FOR SRI M.R. HIREMATHAD, ADV., FOR R-1; SRI ANOOP KUMAR M.V, HCGP FOR R-2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN P.C.R.NO.190/2019, PENDING BEFORE THE HONOURABLE PRINCIPAL CIVIL JUDGE AND J.M.F.C., BHADRAVATHI.

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IN CRL.P NO. 2502/2022:

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BETWEEN:

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SRI M.K. ANIL KUMAR S/O LATE M.R. KRISHNAPPA AGED ABOUT 47 YEARS R/AT MAKALI, MAKALI POST NEAR BMN PUBLIC SCHOOL DANAURA HOBLI BANGALORE NORTH TQ - 562 123.

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SRI T. VENAKTESH S/O N. LATE THIMMAIAH AGED ABOUT 51 YEARS R/AT NO.56, PARVATHI ANGAR 1ST CROSS, BEHIND OLD REGISTER OFFICE, LAGGERE BANGALORE - 560 028.

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...PETITIONERS

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(BY SRI NAIK VENKATRAMAN NAGAPPA, ADV.)

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AND:

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SRI ANTHONY DAS S/O DEVASHAYAM AGED ABOUT 54 YEARS

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NC: 2026:KHC:5915 CRL.P No. 2487 of 2022 C/W CRL.P No. 2502 of 2022 CRL.RP No. 945 of 2024

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HC-KAR

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HEAD CONSTABLE, KSRP MACHENAHALLI SHIVAMOGGA DSIT R/T HOUSING BOARD BOMMNAKATTE BHDDRAVATHI SHIVAMOGGA DIST - 577 245.

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STATE BY PAPER TOWN POLICE BHADRAVATHI SHIVAMOGGA DIST REPRESENTED BY SPP HIGH COURT OF KARNATAKA AMBEKDAR VEEDI BANGALORE - 560 001.

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...RESPONDENTS

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(BY SRI ANOOP KUMAR M.V, HCGP FOR R-1; SRI NAVEEN SHANKAR B, ADV., FOR SRI HIRAMATHAD MOHANAIAH, ADV., FOR R-2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS IN PCR.NO.190/2019 PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC, BHADRAVATHI.B. CONSEQUENTLY, QUASH THE FURTHER PROCEEDINGS PURSUANT TO THE ORDER PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC, BHADRAVATHI IN PCR.NO.190/2019 DATED 23.02.2022.

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IN CRL.RP NO. 945/2024:

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BETWEEN:

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P. ANTHONY DAS S/O DEVASAHAYAM AGED ABOUT 56 YEARS WORKING AS HEAD CONSTABLE -157 'D' COMPANY, 8TH BATTALION, KSRP MANCHENAHALLI, NIDIGE POST SHIVAMOGGA - 577 222.

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NC: 2026:KHC:5915 CRL.P No. 2487 of 2022 C/W CRL.P No. 2502 of 2022 CRL.RP No. 945 of 2024

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HC-KAR

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...PETITIONER

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(BY SRI NAVEEN SHANKAR B, ADV., FOR SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADV.)

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AND:

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SRI GOPAL NAIK S/O LATE NARAYANA NAIK AGED ABOUT 36 YEARS R/AT NO.186/8, 2ND FLOOR ABHISHEK COMPLEX SHESHADRIPURAM BENGALURU - 560 020.

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...RESPONDENT

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(BY SRI VENKATRAMAN NAIK, ADV.,)

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 04.03.2022 IN C.C.NO.23210/2018 PASSED BY THE XIII A.C.M.M BENGALURU PRODUCED AT ANNEXURE-A CONSEQUENTLY SET ASIDE THE JUDGMENT AND ORDER DATED 22.04.2024 IN CRL.A.NO.391/2022 PASSED BY THE LXV ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU PRODUCED AT ANNEXURE-B FOR THE OFFENCE P/U/S 138 OF N.I ACT.

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THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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These three above captioned petitions are between the same parties and subject matter of the petitions are interrelated, and therefore, they are heard together and disposed of by this common order.

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5 - NC: 2026:KHC:5915 CRL.P No. 2487 of 2022 C/W CRL.P No. 2502 of 2022 CRL.RP No. 945 of 2024

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HC-KAR

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Heard the learned Counsel for the parties.

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Gopal Naik - petitioner in Crl.P.No.2487/2022 had initiated proceedings against Antony Das in CC.No.23210/2018 before the jurisdictional Court of Magistrate, Bengaluru, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'N.I.Act'). In the said proceedings, Antony Das was convicted and sentenced for the offence punishable under Section 138 of the N.I.Act and the judgment and order of conviction dated 04.03.2022 passed in CC.No.23210/2018 was confirmed in Crl.A.No.391/2022 by the Court of LXV Addl. City Civil & Sessions Judge, Bengaluru, vide judgment and order dated 22.04.2024. Assailing the aforesaid judgment and orders of conviction and sentence, Antony Das is before this Court in Cr.RP.No.945/2024.

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During the pendency of CC.No.23210/2018, a private complaint in PCR.No.190/2019 was filed by Antony Das against M.K.Anil Kumar, T.Venkatesh and Gopal Naik, and challenging the proceedings in the said case, Gopal Naik is before this Court in Crl.P.No.2487/2022 and the two other accused M.K.Anil

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NC: 2026:KHC:5915 CRL.P No. 2487 of 2022 C/W CRL.P No. 2502 of 2022 CRL.RP No. 945 of 2024

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HC-KAR

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Kumar and T.Venkatesh are before this Court in

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Crl.P.No.2502/2022.

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Learned Counsel for the parties jointly submit that the dispute between Antony Das and Gopal Naik has been amicably settled and the complainant - Gopal Naik in CC.No.23210/2018 has agreed to receive a sum of Rs.2,00,000/- from Antony Das towards full and final settlement of the amount covered under the cheque in question in CC.No.23210/2018. They submit that parties have filed a joint memo reporting settlement which is accompanied by the affidavit of Antony Das. Gopal Naik and Antony Das who are present before the Court in person have

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been identified by their learned Counsels and it is submitted that the settlement between the parties is voluntary, without there being any undue influence and coercion. They also submit that in view of the settlement reported in Crl.RP.No.945/2024, the prayer made in Crl.P.No.2487/2022 and Crl.P.No.2502/2022 also may be granted and a quietus may be given to the entire dispute between the parties.

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The aforesaid submissions are placed on record.

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NC: 2026:KHC:5915 CRL.P No. 2487 of 2022 C/W CRL.P No. 2502 of 2022 CRL.RP No. 945 of 2024

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HC-KAR

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The memo filed by Antony Das along with the affidavit in

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Crl.RP.No.945/2024 is taken on record. In paragraph nos.2 to 8 of the affidavit, it is stated as under:

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"2. I further state that, I have filed above petition by challenging the order of conviction and sentence in C.C.No.23210/2018 dated 04-03-2018 passed by the XIII ACMM Bengaluru, and confirming order inn Crl. Appeal. No.:391/2022 dated 22-04-2024 passed by the LXV City Civil & Sessions Judge Bengaluru, for the amount of Rs.2,55,000/- for the offences punishable U/sec 138 NI Act.

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3. I further state that, I have filed one PCR against the present petition and other 3 persons for misuse of my 10 cheques bearing NO-284211 to 284220, upon my private complaint PCR No-190-2019, which is under challenge in the connected Crl. Petition No.2487/2022.

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4. I further state that now we are come to conclusion by way of settlement that the respondent in present criminal revision petition will not use the said cheque by himself or through any other person, and I am also agreed for quash the said Criminal petition No.-2487/2022 in so far as Gopal naik is concern, who is respondent in my revision petition and petitioner in criminal petition.

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5. . I further state that, now the settlement is arrived for the amount of Rs.2,00,000/-.

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6. I further state that, I have deposited Rs. 1,25,000/before the trial court at the time of the availing inter

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NC: 2026:KHC:5915 CRL.P No. 2487 of 2022 C/W CRL.P No. 2502 of 2022 CRL.RP No. 945 of 2024

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HC-KAR

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order by this Hon'ble court and appellant court, the respondent is entitle to withdraw the same.

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7. . I further state that to day I have given 2 cheques to the respondent for the amount of Rs.75,000/- as under,

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Cheque bearing N.-000040, post dated 04-03-2026 drawn on Bank of Baroda, Bhadravati Branch for the amount of Rs.50,000/-.

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Another cheque Cheque bearing No-000041, post dated 20-03-2026 drawn on Bank of Baroda, Bhadravati Branch for the amount of Rs.25,000/-.

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8. I further state that in view of the about said 2 cheques and the amount already deposited before the trail court and agreed to withdraw by the respondent, the amount Rs.2,00,000/- is satisfied by me. I am hereby undertaking that, I will deposit the amount to my bank for encashment of the above said cheque one day before the date of cheque."

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The offence for which Antony Das has been convicted and sentenced is a compoundable offence. Considering the settlement that is arrived between the parties, I am of the opinion that Crl.RP.No.945/2024 is required to be disposed of in terms of the settlement and the impugned judgment and order of conviction and sentence passed against Antony Das is required to be set aside.

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NC: 2026:KHC:5915 CRL.P No. 2487 of 2022 C/W CRL.P No. 2502 of 2022 CRL.RP No. 945 of 2024

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HC-KAR

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In view of the settlement arrived between the parties, the proceedings initiated by Antony Das against the petitioners in PCR.No.190/2019 which is assailed in Crl.P.No.2487/2022 & Crl.P.No.2502/2022 is also required to be quashed. Accordingly, the following order:

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Crl.RP.No.945/2024 is disposed of in terms of the settlement between the parties as stated herein above, and consequently, the impugned judgment and order of conviction and sentence dated 04.03.2022 passed against Antony Das in CC.No.23210/2018 by the Court XIII Addl. Chief Metropolitan Magistrate, Bengaluru, which is confirmed in Crl.A.No.391/2022

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by the Court of LXV Addl. City Civil & Sessions Judge, Bengaluru, dated 22.04.2024, are set aside. Antony Das is acquitted for the offence punishable under Section 138 of N.I.Act. His bail bonds, if any, stands cancelled. The amount of Rs.1,25,000/- which is deposited by Antony Das before the Trial Court in CC.No.23210/2018 is permitted to be withdrawn by the complainant - Gopal Naik. It is made clear that in the event the post-dated cheques issued by Antony Das in favour of Gopal Naik as aforesaid, are dishonoured, the complainant -

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NC: 2026:KHC:5915 CRL.P No. 2487 of 2022 C/W CRL.P No. 2502 of 2022 CRL.RP No. 945 of 2024

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HC-KAR

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Gopal Naik is at liberty to file necessary application before this

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Court to revive this order passed in Crl.RP.No.945/2024.

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In view of the settlement that is reported to this Court in

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Crl.RP.No.945/2024, the prayer made in Crl.P.No.2487/2022 & Crl.P.No.2502/2022 to quash the entire proceedings in PCR.No.190/2019 before the Court of Prl. Civil Judge & JMFC, Bhadravathi, is also granted, and accordingly, the said petitions are allowed. The entire proceedings in PCR.No.190/2019 before the Court of Prl. Civil Judge & JMFC, Bhadravathi, are hereby quashed.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KK

Sri Gopal Naik v. Sri Anthony Das

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Sri Gopal Naik v. Sri Anthony Das

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