Sri.M.Raju, Vs Sri.Gopal Raje Urs — Cheque Dishonour | Karnataka HC (2026)

Sri.M.Raju, Vs Sri.Gopal Raje Urs — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Revision petition disposed of in terms of the joint memo: Rs.50,000/- deposited by demand draft withdrawable by the complainant under due identification; petitioner to pay balance Rs.2,50,000/- within four months from 08.04.2026; failing payment, the imprisonment ordered by the Trial Magistrate and confirmed in first appeal shall take effect.

Issue for consideration

Whether the criminal revision petition challenging the first-appellate judgment upholding the conviction under Section 138 of the Negotiable Instrument Act should be admitted or otherwise dealt with — taken up at the admission stage and resolved in terms of the parties' settlement recorded in a joint memo.

Court's answer

On the joint memo recording the settlement between the parties (Rs.50,000/- already tendered by demand draft and balance Rs.2,50,000/- undertaken to be paid within four months from 08.04.2026), placing the memo on record, the revision petition stands disposed of.

Ratio / Principle

The amount in deposit (Rs.50,000/- by demand draft acknowledged in the order sheet) is permitted to be withdrawn by the complainant under due identification, if not already withdrawn.

Key takeaways

If the amount agreed in the joint memo is not paid, the revision petitioner shall undergo the imprisonment as ordered by the learned Trial Magistrate and confirmed by the learned Judge in the First Appellate Court (default clause reviving the sentence).ratio¶¶33

Detailed headnote1 paragraphs

Negotiable Instrument Act — S.138 — conviction by I Addl. Civil Judge & JMFC, Mysuru in C.C.No.4162/2020 (dated 18.11.2025) upheld by VII Addl. District & Sessions Judge, Mysuru in Crl.A.No.277/2025 (dated 17.11.2025); revision under S.397 r/w S.401 CrPC (correspondingly 438 BNSS noted in cause title) before Karnataka High Court (V Srishananda J.). At the admission stage, on a joint memo evidencing settlement — revision petitioner having tendered Rs.50,000/- by demand draft and undertaking to pay balance Rs.2,50,000/- within four months from 08.04.2026 — the Court disposed of the revision petition, permitted the complainant to withdraw the amount in deposit under due identification, and directed that on non-payment of the agreed amount the petitioner shall undergo the imprisonment ordered by the Trial Magistrate and confirmed by the First Appellate Court.

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NC: 2026:KHC:19517 CRL.RP No. 234 of 2026

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 N.234 OF 2026 (397(Cr.PC) / 438(BNSS)

BETWEEN:

SRI.M.RAJU, S/O LATE C.MALLAIAH, AGED ABOUT 53 YEARS, R/AT NO.4088, 2^ND MAIN ROAD, 4^TH CROSS, SRIRAMPURA, NANJANGUDU, MYSURU -571 301.

ALSO AT VILLAGE ACCOUNTANT, TALUK OFFICE, KUTHANURU GRAMA, GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA, PIN-571 111

…PETITIONER

Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

(BY SRI B N ANJAN KUMAR, ADVOCATE)

AND:

SRI.GOPAL RAJE URS, S/O R.KANTHARAJE URS, AGED ABOUT 52 YEARS, R/AT NO.279, NIMISHAMBHA NAGARA, MYSURU-570 019.

…RESPONDENT

(BY SRI. RUPESH KUMAR S, 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 17.11.2025 PASSED BY THE LEARNED VII ADDL.DISTRICT AND

2 - NC: 2026:KHC:19517 CRL.RP No. 234 of 2026

HC-KAR

SESSIONS JUDGE, MYSURU IN CRL.A.NO.277/2025 FOR UPHOLDING THE JUDGMENT PASSED BY THE LEARNED I ADDITIONAL CIVIL JUDGE AND J.M.F.C, AT MYSURU IN C.C.NO.4162/2020 DATED 18.11.2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Amount in a sum of Rs.50,000/- by way of demand draft is tendered by the revision petitioner to the respondent. Same is acknowledged in the order sheet.

Joint memo signed by the learned counsel for the parties is filed, which reads as under:

“That to submit that, we the undersigned advocates for the petitioner and respondent files this joint memo in terms of the settlement arrived between the parties, wherein, the petitioner shall pay the balance amount of Rs.2,50,000/- within four months that is from today 08.04.2026. Further, the petitioner undertakes to comply the conditions of the joint memo and the orders of the Hon’ble High Court of Karnataka, Bengaluru."

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NC: 2026:KHC:19517 CRL.RP No. 234 of 2026

HC-KAR

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

The amount in deposit is ordered to be withdrawn by the complainant under due identification, if not already withdrawn.

It is made clear that, if the amount as agreed in the joint 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.

Sd/(V SRISHANANDA) JUDGE

kcm

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