Sri I.M. Nagaraju Vs Arun Saldana — Karnataka HC (2026) — LawSathi Research

Sri I.M. Nagaraju Vs Arun Saldana — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Revision petition disposed of on the parties' settlement memo: petitioner undertakes to pay the balance Rs.10,95,000/- (of a total Rs.16,90,000/- liability; Rs.5,90,000/- already deposited under interim order) in eight monthly instalments of Rs.1,30,000/- each by the 30th of every month ending 30.10.2026, with the residual Rs.55,000/- on or before 30.10.2026, payment made by DD before the Trial Court; upon payment of the entire fine amount the sentence of imprisonment stands set aside, failing which the simple imprisonment ordered by the Trial Magistrate and confirmed by the First Appellate Court is to be undergone.

Issue for consideration

Whether this criminal revision petition (filed under S.397 r/w S.401 Cr.P.C.), seeking to set aside the first-appellate judgment dated 07.09.2021 (CRL.A.NO.156/2018) and the underlying trial judgment dated 06.09.2018 (C.C.NO.654/2013) so as to acquit the petitioner, should proceed or be disposed of in light of the settlement memo filed by the revision petitioner and endorsed without objection by the respondent's counsel.

Court's answer

With the parties-agreed settlement memo placed on record (respondent's counsel having endorsed no objection), the revision petition stands disposed of rather than being adjudicated further.

Ratio / Principle

After payment of the entire fine amount in accordance with the memo, the sentence of imprisonment stands set aside.

Key takeaways

If the revision petitioner defaults in payment of the compensation amount as per the contents of the memo, he shall undergo the simple imprisonment as ordered by the learned Trial Magistrate and confirmed by the First Appellate Court.ratio¶36

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Justice V Srishananda, oral order dated 03.03.2026): Criminal Revision Petition No. 1040 of 2021, filed by Sri I.M. Nagaraju under S.397 r/w S.401 Cr.P.C. (captioned 397(Cr.PC) / 438(BNSS)), praying to set aside the judgment dated 07.09.2021 of the Learned II Additional District and Sessions Judge, Chikkamagaluru in CRL.A.NO.156/2018 and the judgment dated 06.09.2018 of the Senior Civil Judge and Judicial Magistrate First Class, Mudigere in C.C.NO.654/2013, and to have the petitioner acquitted of the offence alleged. Mid-way through argument the petitioner's counsel filed a settlement memo recording a total liability of Rs.16,90,000/- per the Trial Court order confirmed by the First Appellate Court; Rs.5,90,000/- stood already deposited under the interim order, leaving a balance of Rs.10,95,000/- payable in eight monthly instalments of Rs.1,30,000/- (on or before the 30th of each month, ending 30.10.2026) plus a residual Rs.55,000/- on or before 30.10.2026, payments to be made by demand draft before the Trial Court. The respondent's counsel endorsed no objection. Placing the memo on record, the revision petition was disposed of: on payment of the entire fine amount the sentence of imprisonment stands set aside, but on any default in payment of the compensation amount the petitioner shall undergo the simple imprisonment ordered by the learned Trial Magistrate and confirmed by the First Appellate Court.