H v. Nagaraj v Thimmaiah

Karnataka HC23 Apr 2026CRL.A/96/2022

Case brief

AI extract

What is this about?

Karnataka HC criminal appeals disposed on Lokadalat settlement; joint memo dated 16.07.2018 in C.C.Nos. 429/2011, 402/2011, 65/2012; Rs.35,00,000 full-and-final settlement across four cases incl. C.C.No.30935/2011 (Criminal Appeal No.1063/2016); Rs.5,00,000 already paid; withdrawal permitted of Rs.3,00,000 trial-court deposit; appeals filed u/s 378(4) Cr.P.C and u/s 14(A)(2) SC/ST (POA) Act 2015; underlying offence p/u/s 138 N.I Act; Civil Judge & JMFC Bagepalli judgments dated 13.01.2021; parties reported satisfaction; no conviction ordered.

What did the court decide?

Liberty to the petitioner/appellant to withdraw the amount of Rs.3,00,000/- deposited by the accused in Criminal Appeal No.1063/2016; appeals disposed of on settlement, parties reporting their satisfaction. ¶¶71

H v Nagaraj Vs Thimmaiah — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the three criminal appeals (CRL.A Nos. 96, 98 and 109 of 2022) could be disposed of in view of the settlement effected through the joint memo dated 16.07.2018 filed before the Lokadalat in the underlying trial-court cases. +1 more

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Court's answer

The court took on record counsel's submissions that pursuant to the joint memo dated 16.07.2018 filed before the Lokadalat the disputes in C.C.Nos.429/2011, 402/2011 and 65/2012 stood resolved, that the respondent had agreed to pay Rs.35,00,000/- (Rs.5,00,000/- already paid) as full and final settlement of four cases including C.C.No.30935/2011 (subject matter of Criminal Appeal No.1063/2016), and that no payment was due in respect of any other transaction; on that basis the petition was disposed of.

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Ratio / Principle

The petitions (the three appeals) were disposed of with liberty to the petitioner/appellant to withdraw the amount of Rs.3,00,000/- stated to have been deposited by the accused in Criminal Appeal No.1063/2016, the parties having reported their satisfaction on the settlement.

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Detailed headnote1 paragraphs

High Court of Karnataka (Bengaluru), coram M.G.S. Kamal J., 23.04.2026 — Criminal Appeals CRL.A Nos. 96, 98 and 109 of 2022 (filed u/s 378(4) Cr.P.C and u/s 14(A)(2) SC/ST (POA) Act, 2015) by H.V. Nagaraj and H.N. Madhuraj against Thimmaiah, T. Thimmappa and Smt. Shakunthala, praying to set aside the judgments/orders dated 13.01.2021 of the Civil Judge & JMFC, Bagepalli in C.C.Nos. 65/2012, 402/2011 and 429/2011 (printed as 'C.C.NO.429/20211') — one offence p/u/s 138 N.I Act — and to convict the accused. Counsel for both sides reported that pursuant to a joint memo dated 16.07.2018 filed before the Lokadalat in C.C.Nos. 429/2011, 402/2011 and 65/2012 the disputes stood resolved; the respondent had agreed to pay Rs.35,00,000/- across four cases (including C.C.No.30935/2011, subject matter of Criminal Appeal No.1063/2016) as full and final settlement, of which Rs.5,00,000/- was already paid, and Rs.3,00,000/- deposited by the accused in respect of Criminal Appeal No.1063/2016 lay before the trial court. Court disposed of the appeals with liberty to the appellant to withdraw that Rs.3,00,000/- deposit; parties reported satisfaction with the settlement. No conviction directed; substantive merits not adjudicated.

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NC: 2026:KHC:22262 CRL.A No. 96 of 2022 C/W CRL.A No. 98 of 2022 CRL.A No. 109 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL

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CRIMINAL APPEAL NO. 96 OF 2022 (A) C/W

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CRIMINAL APPEAL NO. 98 OF 2022 CRIMINAL APPEAL NO. 109 OF 2022

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IN CRL.A No. 96/2022

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BETWEEN:

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H V NAGARAJ S/O. LATE. VENKATARAYAPPA, AGED ABOUT 61 YEARS R/O KOTHAKOTE VILLAGE, PARAGODU GRAMA PANCHAYATH, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA - 561 207.

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…APPELLANT

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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(BY SRI. MAHESH S., ADVOCATE FOR SRI. NAGABHUSHANA REDDY K.,ADVOCATE)

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AND:

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THIMMAIAH

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S/O. THIMMEGOWDA, AGED ABOUT 62 YEARS, R/AT NO. 3, 2^ND CROSS, CL RAMIAHA LAYOUT, SHAMPURA MAIN ROAD, BANGALORE - 560 032.

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NC: 2026:KHC:22262 CRL.A No. 96 of 2022 C/W CRL.A No. 98 of 2022 CRL.A No. 109 of 2022

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HC-KAR

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AND ALSO R/AT SUPER GOOD BAZAR, NO. 32, SS COMPLEX, 2^ND MAIN ROAD, NEAR VYBHAV THEATRE, SANJAY NAGAR MAIN ROAD, NGEF LAYOUT, BANGALORE - 560 094.

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…RESPONDENT (BY SRI. HITHESH KUMAR B.J. ADVOCATE FOR SRI. ADITYA D.,ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 13.01.2021 IN C.C.NO.65/2012 OF THE LEARNED CIVIL JUDGE AND JMFC, BAGEPALLI AND CONVICT THE RESPONDENT/ACCUSED OF THE ALLEGED OFFENCE.

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IN CRL.A NO. 98/2022

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BETWEEN:

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H N MADHURAJ S/O. H V NAGARAJ, AGED ABOUT 34 YEARS R/O. KOTHAKOTE VILLAGE, PARAGODU GRAMA PANCHAYATH, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA 561207

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...APPELLANT

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(BY SRI. MAHESH S., ADVOCATE FOR SRI. NAGABHUSHANA REDDY K.,ADVOCATE)

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AND:

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T THIMMAPPA S/O. THIMMEGOWDA, R/AT NO. 3, 2ND CROSS,

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NC: 2026:KHC:22262 CRL.A No. 96 of 2022 C/W CRL.A No. 98 of 2022 CRL.A No. 109 of 2022

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HC-KAR

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CL RAMIAHA LAYOUT, SHAMPURA MAIN ROAD, BANGALORE 560 032.

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AND ALSO R/AT SUPER GOOD BAZAR, NO. 32, SS COMPLEX, 2ND MAIN ROAD, NEAR VYBHAV THEATRE, SANJAY NAGAR MAIN ROAD, NGEF LAYOUT, BANGALORE - 560 094.

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...RESPONDENT (BY SRI. HITHESH KUMAR B.J., ADVOCATE FOR SRI. ADITHYA D.,ADVOCATE)

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THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 13.01.2021 IN C.C.NO.402/2011 OF THE LEARNED CIVIL JUDGE AND JMFC, BAGEPALLI AND CONVICT THE RESPONDENT/ACCUSED FOR THE ALLEGED OFFENCE AND ALLOW THIS APPEAL.

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IN CRL.A NO. 109/2022

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BETWEEN:

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H V NAGARAJ S/O LATE VENKATARAYAPPA AGED ABOUT 64 YEARS R/A KOTHAKOTE VILLAGE PARAGODU GRAMA PANCHAYATH KASABA HOBLI , BAGEPALLI TALUK CHIKKABALLAPURA - 561 207.

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...APPELLANT

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(BY SRI. MAHESH S., ADVOCATE FOR SRI. NAGABHUSHANA REDDY K.,ADVOCATE)

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NC: 2026:KHC:22262 CRL.A No. 96 of 2022 C/W CRL.A No. 98 of 2022 CRL.A No. 109 of 2022

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HC-KAR

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AND:

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SMT. SHAKUNTHALA W/O THIMMAIAH AGED ABOUT 51 YEARS R/A No. 03, 2^ND CROSS C L RAMAIAH LAYOAUT SHAMAPURA MAIN ROAD BANGALORE - 560 032. AND ALSO RESIDING AT SUPER GOOD BAZAR NO. 32 SS COMPLEX, 2^ND MAIN ROAD NEAR VYBHAV THEATRE SANJAY NAGAR MAIN ROAD NGEF LAYOUT BANGALORE - 560 094.

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...RESPONDENT

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(BY SRI. HITHESH KUMAR B.J., ADVOCATE FOR SRI. ADITHYA D.,ADVOCATE)

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THIS CRL.A IS FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER DATED 13.01.2021 IN C.C.NO.429/20211 OF THE LEARNED CIVIL JUDGE AND J.M.F.C AT BAGEPALLI AND CONVICT THE RESPONDENT / ACCUSED FOR THE ALLEGED OFFENCE P/U/S 138 OF THE N.I ACT.

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THESE APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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5 - NC: 2026:KHC:22262 CRL.A No. 96 of 2022 C/W CRL.A No. 98 of 2022 CRL.A No. 109 of 2022

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HC-KAR

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ORAL JUDGMENT

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Sri. Mahesh, learned counsel along with Sri. Nagabushan

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Reddy, learned counsel for the appellant after arguing the matter for sometime, submitted that pursuant to the joint memo dated 16.07.2018, which was filed in C.C.Nos.429/2011, 402/2011, 65/2012 before the Lokadalat, dispute has been resolved.

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In terms of the joint memo, the respondent had agreed to pay a sum of Rs.35,00,000/- in respect of 4 cases, out of which Rs.5,00,000/- was already paid.

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It is also submitted that the amount of Rs.35,00,000/which was agreed was towards full and final settlement of 4 cases subject matter of C.C.Nos.429/2011, 402/2011, 65/2012 and 30935/2011, subject matter of Criminal Appeal No.1063/2016.

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Thus there is no payment to be made by the accused in respect of any other transaction.

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It is further submitted that in furtherance to the aforesaid settlement sum of Rs.3,00,000/- which was deposited by the accused in respect of Criminal Appeal No.1063/2016 is

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NC: 2026:KHC:22262 CRL.A No. 96 of 2022 C/W CRL.A No. 98 of 2022 CRL.A No. 109 of 2022

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HC-KAR

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still lying before the trial Court and if the appellant is permitted

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to withdraw the said amount, the purpose of the petition shall be served.

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