Sri.C. Siddhartha Raju Vs Smt. Narayanamma — Cheque Dishonour | Karnataka HC (2026)

Sri.C. Siddhartha Raju Vs Smt. Narayanamma — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Revision petition disposed of in terms of the joint memo recording a compromise for a total sum of Rs.10,00,000/-; demand draft of Rs.4,50,000/- tendered and acknowledged in the order sheet; deposited amounts (Rs.1,00,000/- and Rs.4,50,000/-) ordered to be withdrawn by Smt.Anusuya under due identification for and on behalf of the dependents of the deceased original complainant. Acquittal under section 138 NI Act was sought in the joint memo, but the Court's operative text records only disposal of the petition.

Issue for consideration

Whether the criminal revision petition should be allowed so as to set aside the judgment and order of conviction dated 07.04.2017 in C.C.No.614/2008 and the judgment dated 04.08.2018 in the criminal appeal, and acquit the petitioner for the offence punishable under section 138 of the Negotiable Instrument Act.

Court's answer

On a joint memo filed by the petitioner and the legal representatives of the respondent recording a compromise, the Court placed the joint memo on record and the criminal revision petition stands disposed of.

Ratio / Principle

The demand draft in a sum of Rs.4,50,000/- tendered by the revision petitioner to the respondents was acknowledged in the order sheet.

Key takeaways

An affidavit filed on behalf of the dependents of the original complainant was placed on record, and the amount in deposit was ordered to be withdrawn by Smt.Anusuya, one of the dependents of the original complainant, under due identification, for and on behalf of the dependents of the deceased original complainant.ratio¶¶50

Detailed headnote1 paragraphs

Criminal revision petition (CRL.RP No.1003/2018) under S.397 r/w 401 Cr.P.C. by C. Siddhartha Raju challenging (i) the judgment and order of conviction dated 07.04.2017 passed by the Additional Civil Judge and J.M.F.C., Devanahalli in C.C.No.614/2008 for an offence punishable under section 138 of the Negotiable Instrument Act, and (ii) the judgment and order dated 04.08.2018 passed by the V Additional District and Sessions Judge, Devanahalli in Crl.A.No.15004/2017. Before the High Court of Karnataka (V Srishananda, J.), the parties filed a joint memo recording a compromise for a total sum of Rs.10,00,000/- (Rupees Ten Lakh Only): a demand draft of Rs.4,50,000/- (D.D. No.840997 dated 13-03-2026, Bank of Baroda, K.G. Road Branch, Bengaluru) was handed to Smt.Anusuya and acknowledged in the order sheet, while Rs.1,00,000/- (deposited 24-04-2017) and Rs.4,50,000/- (deposited 13-11-2018) lay in deposit before the trial court. Placing the joint memo and the affidavit of the dependents on record, the revision petition stands disposed of, with the amount in deposit ordered to be withdrawn by Smt.Anusuya under due identification for and on behalf of the dependents of the deceased original complainant.

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NC: 2026:KHC:16119 CRL.RP No. 1003 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

CRIMINAL REVISION PETITION No.1003 OF 2018 (397(Cr.PC) / 438(BNSS)

BETWEEN:

SRI.C. SIDDHARTHA RAJU S/O APPALA NARASIMHA RAJU, AGED ABOUT 49 YEARS R/AT NO.367, EMPLOYEES HOUSING CO-OPERATIVE SOCIETY, 15^TH CROSS, II PHASE, 2^ND STAGE, MAHALAKSHMIPURAM POST, BENGALURU-560 086.

…PETITIONER

(BY SRI. Y.S.PRAVEEN KUMAR FOR SRI NANJUNDA GOWDA M R, ADVOCATES)

AND:

Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

SMT. NARAYANAMMA W/O LATE MUNIYAPPA @ CHIKKAMUNIYAPPA, SINCE DEATH OF COMPLAINANT/RESPONDENT HER LEGAL REPRESENTATIVES BROUGHT ON RECORD

1(a) SOMASHEKAR.K S/O KRISHNAPPA AGED ABOUT 41 YEARS

1(b) CHALAPATHY.K S/O KRISHNAPPA AGED ABOUT 36 YEARS

1(c) CHANDRASHEKAR.K S/O KRISHNAPPA

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AGED ABOUT 34 YEARS

ALL ARE RESIDING AT ITTAGALLPURA VILLAGE RAJANUKUNTE BENGALURU – 560 064

SRI ANAND.C S/O NARAYANAMMA AGED ABOUT 47 YEARS

SMT.PUSHPALATHA D/O NARAYANAMMA AGED ABOUT 47 YEARS

SMT.ANSUYA D/O NARAYANAMMA AGED ABOUT 39 YEARS

L.R’S 2 TO 4 ARE RESIDING AT VISHWANATHAPURA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT.

…RESPONDENTS

(BY SRI D.M.LOHITH FOR SRI K.T.GURUDEVA PRASAD, ADVOCATES)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 07.04.2017 PASSED BY THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., DEVANAHALLI IN C.C.No.614/2008 AND JUDGMENT AND ORDER DATED 04.08.2018 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DEVANAHALLI IN CRL.A.No.15004/2017 AND BE PLEASED TO ACQUIT THE PETITIONER BY ALLOWING THIS CRL.RP.

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

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NC: 2026:KHC:16119 CRL.RP No. 1003 of 2018

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Joint memo filed. Contents of the joint memo reads as under:

“The Petitioner and the Legal representative of the respondent submits as follows:-

The matter is compromised between the parties for a total sum of Rs. 10,00,000/- (Rupees Ten Lakh Only). Today the petitioner is giving the demand draft to Anusuya for sum of Rs.4,50,000/-(Rupees Four Lakh Fifty Thousand only) bearing D.D. No.840997 dated 13-03-2026 drawn on Bank of Baroda, K.G. Road Branch, Bengaluru. Remaining amount i.e., Rs.1,00,000/- was deposited on 24-04-2017 on the file of the Civil Judge (Jr. Dn), J.M.F.C, Devanahalli and also sum of Rs.4,50,000/- is deposited on 13-11-2018 on the file of the Civil Judge, J.M.F.C at Devanahalli. The petitioner has no objection to withdraw the amount in deposit before the Hon'ble said court. The Demand Draft received by Anusuya on behalf of all the legal representatives.

WHEREFORE, the petitioner above named prays that this Hon'ble court be pleased to allow the above case and set aside the judgment and order of conviction dated 07-042017 passed in C.C.No.614/2008 on the file of the Additional Civil Judge and J.M.F.C at Devanahalli and also set aside the judgment and order dated 04-08-2018

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NC: 2026:KHC:16119 CRL.RP No. 1003 of 2018

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passed by the 5th Additional District & Sessions Judge, Devanahalli, Crl.Appeal No.15504/2017 and acquit the petitioner for the offence punishable under section 138 of Negotiable Instrument Act in the interest of justice.”

Demand draft in a sum of Rs.4,50,000/- tendered by the

revision petitioner to the respondentS. Same is acknowledged

in the order sheet.

Placing the joint memo on record, revision petition stands

disposed of .

An affidavit is filed on behalf of the dependents of the original complainant.

Placing the affidavit on record, amount in deposit is ordered to be withdrawn by Smt.Anusuya, who is one of the dependent of original complainant, under due identification for and on behalf of dependents of deceased original complainant.

Sd/(V SRISHANANDA) JUDGE

kcm List No.: 1 Sl No.: 70