Disposed

H B Chandrappa v. Suresh S M

Karnataka HC7 Apr 2026CRL.RP/1890/2025

Case brief

AI extract

What is this about?

Conviction under Section 138 NI Act in a cheque-dishonour private complaint was challenged by revision. Parties filed a joint memo reporting full settlement with payment of the settled amount; the High Court disposed of the petition recording the settlement and permitted withdrawal of the deposited amount.

What did the court decide?

Petition disposed on settlement; complainant allowed to withdraw Rs.51,000 in deposit; balance paid by demand draft.

H B Chandrappa Vs Suresh S M — Cheque Dishonour | Karnataka HC (2026)

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NC: 2026:KHC:18953 CRL.RP No. 1890 of 2025

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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 7^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA

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CRIMINAL REVISION PETITION NO. 1890 OF 2025 (397(Cr.PC) / 438(BNSS))

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BETWEEN:

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H B CHANDRAPPA S/O BASAPPA AGED ABOUT 60 YEARS R/AT NO. 4549, 6^TH CROSS ANJANDRI NILAYA SAINT MARY'S ROAD N.R. MOHALL, MYSURU-570007

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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WORKING ADDRESS H.B. CHANDRAPPA DIVISION MECHANICAL ENGINEER KSRTC, MYSURU DIVISION BANNIMANTAPA MYSURU- 570 015 ...PETITIONER (BY SRI. SOMASHEKARA K M., ADVOCATE) AND:

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SURESH S M S/O LATE MUDDEGOWDA AGED ABOUT 59 YEARS R/AT SHIVAHALLI VILLAGE DUDDA HOBLI MANDYA TALUK AND DISTRICT-571 402 …RESPONDENT (BY SRI. H.M.MANJESH., ADVOCATE)

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NC: 2026:KHC:18953 CRL.RP No. 1890 of 2025

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HC-KAR

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE DATED 11.02.2025 IN CC NO.105 OF 2023 PASSED BY THE JUDICIAL MAGISTRATE FIRST CLASSII, MANDYA AND THE JUDGMENT DATED 04.11.2025 IN CRL. APPEAL NO.45 OF 2025 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, MANDYA AND CONSEQUENTIALLY, ACQUIT THE PETITIONER/ACCUSED FROM THE CHARGES LEVELLED AGAINST HIM.

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

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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The parties are present before the Court and have

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filed a joint memo. The contents of the joint memo reads as under:

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“JOINT MEMO

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1. The above petition is preferred by the petitioner seeking to set aside the judgement of conviction and sentence dated 11.02.2025 passed by the Judicial Magistrate First Class-II, Mandya, in CC No.105 of 2023 and confirmed by the Prl. District and Sessions Judge, Mandya, in Crl. Appeal No.45 of 2025 dated 04.11.2025 and consequently to

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NC: 2026:KHC:18953 CRL.RP No. 1890 of 2025

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HC-KAR

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acquit the petitioner for the charges levelled against him.

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2. The respondent filed a private complaint under Section 200 of the Code of Criminal Procedure against the petitioner/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, alleging that the petitioner/accused had borrowed a hand loan of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) from the complainant.

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3. Now that, at the intervention of friends and wellwishers, the parties to the above case, viz., the petitioner and respondent, have amicably settled their dispute. Accordingly, the petitioner/accused has agreed to pay a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) to the respondent as full and final settlement of the claim, and the respondent has agreed to the same and accepted the said proposal and has no further claims whatsoever against the petitioner/accused.

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4. On 07.04.2025, the petitioner deposited a sum of Rs.51,000/- (rupees fifty-one thousand only) before the Hon'ble Judicial Magistrate First Class-II, Mandya in CC No.105 of 2023 vide Banker's Cheque No.004975, dated 07.04.2025, drawn on Bank of India, Mandya Branch, Mandya-571 401.

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NC: 2026:KHC:18953 CRL.RP No. 1890 of 2025

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HC-KAR

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5. In view of the settlement entered between the parties, the petitioner has no objection to the respondent to withdrawing the aforesaid amount of Rs.51,000/Rupees Fifty-One thousand only) deposited before the Hon'ble Judicial Magistrate First Class-II, Mandya in CC No.105 of 2023. Further, the petitioner has paid a balance sum of Rs. 1,99,0000/- (rupees one lakh ninety-nine thousand only) by way of Demand Draft vide No.747878, dated 05.03.2026, drawn on State Bank of India, Arakere Branch, Jigani, Bangalore, in the name of respondent, namely Suresh S.M. and the same has been received and duly acknowledge by the respondent.

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6. Further, the respondent has no objection to allowing the above petition by setting aside the judgment of conviction passed by the learned Magistrate and confirmed by the Hon'ble First Appellate Court.

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7. The parties herein are presenting this Joint Memo for reporting settlement out of their own free will and volition, without any coercion, force, and undue influence.

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8. If this Hon'ble Court does not permit the parties to compound the above case, the parties will suffer irreparable loss and grate hardship.

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NC: 2026:KHC:18953 CRL.RP No. 1890 of 2025

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HC-KAR

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WHEREFORE, the petitioner and respondent respectfully pray that this Hon'ble Court be pleased to set aside judgement of conviction and sentence dated 11.02.2025 passed by the Judicial Magistrate First ClassII, Mandya, in CC No.105 of 2023, which was confirmed by the Prl. District and Sessions Judge, Mandya, in Crl. and Appeal No.45 of 2025, dated 04.11.2025 consequently, acquit the petitioner/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, in the interest of justice.”

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Placing the joint memo on record, the petition stands disposed of .

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A demand draft dated 05.03.2026 in a sum of ₹1,99,000/is tendered by the petitioner to the respondent.

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Amount in deposit is ordered to be withdrawn by the complainant under due identification.

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Sd/(V SRISHANANDA) JUDGE

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List No.: 2 Sl No.: 46

H B Chandrappa v. Suresh S M

Case brief

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H B Chandrappa v. Suresh S M

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