Sri Nithyananda Shetty Vs Sri S Nagaraj

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DATED 5.1.2015 PASSED BY THE JMFC-V COURT, MANGALORE, D.K. IN C.C.NO.799/2012 AND SET ASIDE THE JUDGMENT DATED 16.2.2017 PASSED BY THE PRINCIPAL SESSIONS JUDGE, D.K., MANGALURU IN CRL.A.NO.35/2015 AND MAY BE FURTHER PLEASED TO DISMISS THE COMPLAINT AND ALLOW THIS R.P.

¶16

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

¶17

2 -

¶18

NC: 2026:KHC:1132 CRL.RP No. 391 of 2017

¶19

HC-KAR

¶20

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

¶21

ORAL ORDER

¶22

This Criminal Revision Petition under Section 397 R/w Section 401 of Cr.P.C, is filed by the accused with a prayer to set aside the judgment and order of conviction and sentence passed by the Court of JMFC-V Court, Mangalore, D.K in C.C.NO.799/2012 dated 5.1.2015 which is confirmed in Criminal Appeal No.35/2025 by the Court of Principal Sessions Judge, D.K., Mangaluru by judgment and order dated 16.02.2017.

¶23

Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been amicably settled and therefore, this revision petition may be disposed of in terms of the settlement arrived between the parties. They submit that in terms of the settlement the respondent - complainant has agreed to receive Rs.1,10,000/- from the petitioner towards full and final settlement of the dispute between the parties.

¶24

The said submission is placed on record.

¶25

3 -

¶26

NC: 2026:KHC:1132 CRL.RP No. 391 of 2017

¶27

HC-KAR

¶28

The petitioner who is present before the Court is

¶29

identified by the learned counsel. The joint memo filed by the learned counsel for the petitioner and learned counsel for the respondent is taken on record. The same reads as follows:

¶30

"The appellant and respondent have amicably settled above dispute for a sum of Rs.1,10,000/(rupees one Lakhs ten thousand only) as full and final settlement out of this amount the appellant has already deposited before the trail court inn CC No. 799/2012 for a sum of Rs. 75,000/- (Rupees seventy-five thousand only) the appellant has paid the following here under

¶31

I) Rs.35,000/- (Rupees thirty-five thousand only) by way of cheque bearing No.139380 dt.05/01/2026 drawn on state bank of indie Mangalore branchy, Mangalore in favour of the respondent and the same was encashed by the respondent on 06/01/2026.

¶32

II) The appellant has no objection release the amount in favour of the respondent deposited by the appellant before the JMFC -V, Mangalore in C.C No.799/2012 Rs. 75,000/ (Rupees seventy-five thousand only)

¶33

3. The parties have consented for this joint memo with free will and without there being any threat, coercion, undue influences and force".

¶34

4 -

¶35

NC: 2026:KHC:1132 CRL.RP No. 391 of 2017

¶36

HC-KAR

¶37

In view of the settlement between the parties, this criminal revision petition is required to be disposed of in terms of the joint memo and consequently the impugned judgment and order of conviction and sentence needs to be set aside.

¶38

Accordingly, the criminal revision petition is allowed and the impugned judgment and order of conviction and sentence passed by the Courts below are set aside. The petitioner is acquitted of the offence punishable under Section 138 of N.I. Act.

¶39

The respondent - complainant is permitted to be withdrawn amount of Rs.75,000/- deposited by the petitioner before the trial Court in C.C.No.799/2012.

¶40

Sd/(S VISHWAJITH SHETTY) JUDGE

¶41

NMS

¶42

List No.: 1 Sl No.: 42

Sri Nithyananda Shetty v. Sri S Nagaraj

Case brief

What is this about?

What did the court decide?

Sri Nithyananda Shetty v. Sri S Nagaraj

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mr Mallappa T Vs Mr Ramesh J

Sri N R Jaishankar Vs N R Anand

Sri Suresh Hebbagilu Vs State of Karnataka

Sri. Shakthivelu Vs Sri. G. Parthasarathi

Rangaiah Vs R. Shashidhara

Sri Chandrababu Naidu v Vs M/S Brands and Bargins Pvt. Ltd.