Sri. Mahalinga. J Vs Sri. M. Meghanath — Cheque Dishonour | Karnataka HC (2026)

Sri. Mahalinga. J Vs Sri. M. Meghanath — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Revision petition disposed of on the joint memo recording settlement: petitioner has paid Rs.2,37,000 and is to pay the balance Rs.2,38,000 on or before 31.08.2026; on default he shall undergo imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court; upon payment of the entire compensation, the Rs.5,000 towards defraying expenses of the State stands set aside. Acquittal as prayed was not granted.

Issue for consideration

Whether the criminal revision petition seeking to set aside the conviction of the petitioner under Section 138 of the Negotiable Instruments Act (trial judgment dated 13.03.2015 in C.C.No.27839/2009, confirmed on appeal on 21.10.2017 in Crl.A.No.1068/2016) should be allowed and the petitioner acquitted.

Court's answer

On a joint memo filed by the parties recording settlement of the case in view of part payment received, the revision petition stands disposed of.

Ratio / Principle

Terms of the joint memo: Rs.2,37,000 stands paid (by deposits, demand draft, phone-pay and in-court payments) and the balance of Rs.2,38,000 will be paid on or before 31.08.2026.

Key takeaways

If the amount agreed in the memo is not paid, the revision petitioner shall undergo imprisonment as ordered by the learned Trial Magistrate and confirmed by the learned Judge in the First Appellate Court.ratio¶33
After payment of the entire compensation amount, the Rs.5,000 ordered by the Trial Court towards defraying expenses of the State (as confirmed by the learned Judge in the First Appellate Court) stands set aside.ratio¶34

Detailed headnote1 paragraphs

High Court of Karnataka (V Srishananda J.), by oral order dated 08.04.2026, disposed of Criminal Revision Petition No.1247 of 2017 (Mahalinga J. v. M. Meghanath), filed under Section 397 r/w 401 CrPC against conviction under Section 138 of the Negotiable Instruments Act — trial judgment and order dated 13.03.2015 by the XXII Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.27839/2009, confirmed on 21.10.2017 by the LXIX Additional City Civil and Sessions Judge, Bangalore in Crl.A.No.1068/2016. A joint memo recorded that the parties had settled the case in view of part payment: Rs.2,37,000 paid (including Rs.10,000 tendered in court on 08.04.2026) and balance Rs.2,38,000 payable on or before 31.08.2026. Placing the memo on record, the revision petition was disposed of; on default of payment the petitioner is to undergo the imprisonment ordered by the Trial Magistrate and confirmed in first appeal; upon payment of the entire compensation, the Rs.5,000 towards defraying expenses of the State stands set aside.

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NC: 2026:KHC:19523 CRL.RP No. 1247 of 2017

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.1247 OF 2017

BETWEEN:

SRI. MAHALINGA. J S/O SRI JAWARAIAH, R/AT NO.842, 5^TH MAIN, III CROSS,NEAR GOWTHAM SCHOOL, KAMALA NAGAR, BANGALORE-560 079

…PETITIONER

(BY SMT.BHARATHI, ADVOCATE)

AND:

SRI. M. MEGHANATH S/O SRI MANIKYAM AGED ABOUT 65 YEARS R/AT NO.13/1,9^TH C MAIN ROAD, BYRAVESHWARANAGAR, BANGALORE-560 072

Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

…RESPONDENT

(BY SRI. R P SOMASHEKARAIAH, ADVOCATE)

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 13.03.2015 PASSED BY THE XXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN C.C.NO.27839/2009 WHICH IS CONFIRMED BY THE JUDGMENT AND ORDER DATED 21.10.2017 PASSED BY THE LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN CRL.A.NO.1068/2016 AND ACQUIT THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT.

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NC: 2026:KHC:19523 CRL.RP No. 1247 of 2017

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Amount in a sum of Rs.10,000/- is tendered by the

revision petitioner to the respondent.

Joint memo is filed which reads as under:

“The petitioner herein submit that the parties have settled

the above case in view of part payment received:

(i)On 25.07.2017 deposited Rs.40,000/(ii)On 25.07.2017 deposited Rs.20,000/(iii)On 09.03.2022 DD Rs.1,00,000/(iv)On different dates-phone pay Rs.27,000/(v)In Court 27.03.2026 Rs.25,000/In Court 02.04.2026 Rs.15,000/In Court 08.04.2026 Rs.10,000/- PAID Rs.2,37,000/Balance Rs.2,38,000/- will be paid on are before 31.08.2026.”

Placing the joint memo on record, revision petition stands

disposed of .

3 - NC: 2026:KHC:19523 CRL.RP No. 1247 of 2017

HC-KAR

It is made clear that, if the amount as agreed in the memo is not paid, revision petitioner shall undergo imprisonment as ordered by the learned Trial Magistrate confirmed by the learned Judge in the First Appellate Court.

After payment of entire compensation amount, Rs.5,000/- towards defraying expenses of State ordered by the Trial Court confirmed by the learned Judge in the First Appellate Court stands set-aside.

Sd/(V SRISHANANDA) JUDGE

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