Sri. Thyagaraja, v. Sri. D Raghavendra

Karnataka HC10 Apr 2026CRL.RP/399/2023

Case brief

AI extract

What is this about?

Section 138 Negotiable Instrument Act cheque-case conviction; criminal revision disposed on settlement memo; amount in deposit withdrawn by complainant; default clause — imprisonment as ordered if payment not made by 30.04.2026; S. 397 r/w 401 Cr.P.C; mapped to S. 438 BNSS; Shivamogga trial (C.C.No.2429/2018) and FTSC-I appeal (CRL.A.No.47/2021); Thyagaraja v. D Raghavendra; Justice V Srishananda; Karnataka High Court; NC: 2026:KHC:20218.

What did the court decide?

Revision petition disposed of with the petitioner's settlement memo placed on record; complainant permitted to withdraw the amount in deposit under due identification; petitioner bound to pay the amount as agreed in the memo on or before 30.04.2026, failing which the imprisonment ordered by the trial Magistrate and confirmed by the first Appellate Court is to be undergone.

Sri. Thyagaraja, Vs Sri. D Raghavendra — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's conviction under Section 138 of the Negotiable Instrument Act, as confirmed by the first Appellate Court, should be set aside in this criminal revision petition. +1 more

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Ratio / Principle

The memo filed on behalf of the petitioner undertaking settlement is placed on record and the criminal revision petition stands disposed of.

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Key takeaways

The amount lying in deposit is ordered to be withdrawn by the complainant under due identification, if not already withdrawn.ratio¶¶35
If the petitioner fails to make the payment agreed in the memo on or before 30.04.2026, he shall undergo the imprisonment as ordered by the trial Magistrate and confirmed by the first Appellate Court.ratio¶¶36

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru, Oral Order dated 10.04.2026, Hon'ble Mr. Justice V Srishananda, in CRL.RP No. 399 of 2023 (filed under S. 397 r/w S. 401 Cr.P.C; captioned as 397(Cr.PC)/438(BNSS)). Sri Thyagaraja (petitioner) sought setting aside of the confirmed order dated 04.03.2023 of the Additional District and Sessions Judge, FTSC-I, Shivamogga in CRL.A.No.47/2021, and of the conviction order dated 08.03.2021 of the Principal Civil Judge and J M F C, Shivamogga in C.C.No.2429/2018 for offences punishable under Section 138 of the Negotiable Instrument Act. On a memo filed by the petitioner undertaking to settle the entire amount, and with the respondent's learned counsel (Sri. B. Adaveeshaiah) submitting that suitable orders be passed placing the memo on record, the petition stood disposed of: (i) memo placed on record, petition disposed of; (ii) amount in deposit withdrawable by the complainant under due identification, if not already withdrawn; (iii) failure to make the agreed payment on or before 30.04.2026 entails undergoing the imprisonment as ordered by the trial Magistrate and confirmed by the first Appellate Court. No rupee figure is stated anywhere in the order.

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NC: 2026:KHC:20218 CRL.RP No. 399 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 399 OF 2023 (397(Cr.PC)/438(BNSS))

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BETWEEN:

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SRI. THYAGARAJA, S/O LATE LUKES AGED ABOUT 77 YEAR, R/O 2ND CROSS, ASHOK NAGARA, SHIVAMOGGA- 577201

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…PETITIONER

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(BY SRI. K V SATEESHCHANDRA., ADVOCATE) AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SRI. D RAGHAVENDRA, S/O DURGAPPA AGED ABOUT 37 YEARS, R/O SHARAATHI NAGAR, SHIVAMOGGA- 577201

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…RESPONDENT

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(BY SRI. ADAVEESHAIAH B., ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE CONFIRMED ORDER, DATED 04.03.2023 PASSED BY THE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, AT SHIVAMOGGA IN CRL.A.NO.47/2021 AND

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2 - NC: 2026:KHC:20218 CRL.RP No. 399 of 2023

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HC-KAR

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CONVICTION ORDER, DATED 08.03.2021 PASSED BY THE COURT OF THE PRINCIPAL CIVIL JUDGE AND J M F C, SHIVAMOGGA, IN C.C.NO.2429/2018 FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT AND ALLOW ABOVE CRIMINAL REVISION PETITION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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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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A memo has been filed on behalf of the petitioner.

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2. Memo reads as under:

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“The petitioner most respects submit as follows.

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The petitioner submits that we undertake to settle the entire amount on or before the next date of hearing. Hence, it is most respectfully prays that the Hon’ble Court please to take the memo on record in the ends of justice.”

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3. Learned counsel for the respondent Sri. B.

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Adaveeshaiah appears through video conference and makes a submission that since the petitioner is willing to

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pay entire fine amount within 10 days suitable orders be

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passed placing the memo on record.

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NC: 2026:KHC:20218 CRL.RP No. 399 of 2023

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HC-KAR

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Accordingly, the following:

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ORDER

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(i) Placing the memo filed on behalf of the petitioner, petition stands disposed of.

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(ii) Amount in deposit is ordered to be withdrawn by the complainant under due identification, if not already withdrawn.

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(iii) If the petitioner fails to make the payment as agreed in the memo on or before 30.04.2026, the petitioner shall undergo imprisonment as ordered by the trial Magistrate and confirmed by the first Appellate Court.

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Sd/(V SRISHANANDA) JUDGE

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List No.: 2 Sl No.: 11

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BVK

Sri. Thyagaraja, v. Sri. D Raghavendra

Case brief

What is this about?

What did the court decide?

Sri. Thyagaraja, v. Sri. D Raghavendra

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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