Jayanth M K Vs Harish a D — Cheque Dishonour | Karnataka HC (2026)

Jayanth M K Vs Harish a D — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Settlement terms recorded: petitioner permitted to pay the balance fine in three installments (Rs.1,00,000/- on 02.05.2026; Rs.1,00,000/- on 02.06.2026; Rs.55,000/- on 02.07.2026); amount in deposit to be withdrawn by the complainant under due identification; acquittal not granted — default in the agreed payments revives liability to imprisonment as ordered by the Trial Magistrate and confirmed in the first appellate court.

Issue for consideration

Whether the revision petition should be allowed so as to set aside the judgments dated 04-01-2023 (Crl.A.No.1922/2019) and 19-08-2019 (C.C.No.11060/2018) and acquit the petitioner convicted under Section 138 NI Act. +1 more

Ratio / Principle

Placing the petitioner's settlement memo on record, the revision petition stands disposed of.

Key takeaways

The amount in deposit is ordered to be withdrawn by the complainant under due identification.ratio¶40
If there is any default in payment of the compensation agreed in the memo, 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¶44

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), Justice V Srishananda, decided 02-04-2026 — CRL.RP No. 456 of 2023, filed under S.397 r/w 401 CrPC (case also classified under S.438 BNSS). Petitioner Jayanth M K had been convicted under S.138 Negotiable Instruments Act in C.C.No.11060/2018 (XV Addl. CMM, Bengaluru, 19-08-2019) with a fine of Rs.5,10,000/-, of which Rs.5,000/- was ordered remitted to the State; his appeal in Crl.A.No.1922/2019 before the LXIII Addl. City Civil & Sessions Judge, Bengaluru (CCH-64) was dismissed on 04-01-2023. The revision petition prayed for setting aside both judgments and acquittal. At the orders stage the petitioner filed a memo stating he had already deposited 50% of the fine and undertaking to pay the balance in installments of Rs.1,00,000/- (02.05.2026), Rs.1,00,000/- (02.06.2026) and Rs.55,000/- (02.07.2026); respondent's counsel endorsed no objection. The Court placed the memo on record and disposed of the revision petition, ordered the amount in deposit withdrawn by the complainant under due identification, and made clear that default in the agreed payments would entail imprisonment as ordered by the Trial Magistrate and confirmed by the first appellate court judge. Acquittal was not granted.

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NC: 2026:KHC:18197 CRL.RP No. 456 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02^ND DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.456 OF 2023 (397(Cr.PC) / 438(BNSS)

BETWEEN:

JAYANTH M K AGED ABOUT 42 YEARS, RESIDENT AT PROPRIETOR OF MANJUNATHA BUS AND COFFEE PLANTER, THYAGATHUR VILLAGE, VALNOOR POST, KUSHALNAGAR HOBLI, SOMWARPET TALUK, NORTH KODAGU -571235 (PROFESSION OF PETITIONER IS WRONGLY SHOWN IN CC 11060/2018) …PETITIONER

(BY SRI PRAVEEN C, ADVOCATE)

AND:

Digitally HARISH .A.D signed by R AGED ABOUT 42 YEARS, MANJUNATHA Location: S/O DODDEGOWDA K B HIGH COURT R/AT NO 815, 1^ST FLOOR, OF 2^ND CROSS, 4^TH MAIN, NGO COLONY, KARNATAKA KAMALANAGAR BENGALURU – 560 079

…RESPONDENT

(BY SRI VASU K, 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 04-01-2023 PASSED IN CRL.A.NO.1922/2019 BY THE LEARNED

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NC: 2026:KHC:18197 CRL.RP No. 456 of 2023

HC-KAR

LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-64) AND 19-08-2019 PASSED BY THE LEARNED XV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN C.C.NO.11060/2018 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT AND TO ACQUIT THE PETITIONER.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Learned counsel for the revision petitioner has filed the

memo. Memo reads as under:

“The Petitioner respectfully submits as follows:

1. The Petitioner is the Accused in the above Criminal Revision Petition arising out of judgment in Crl.A No.1922/2019 passed by the Hon'ble LXIII Addl. City Civil & Sessions Judge, Bengaluru dated 04.01.2023, wherein the appeal was dismissed and the judgment of conviction passed in C.C No.11060/2018 by the Hon'ble XV Addl. CMM, Bengaluru dated 19.08.2019 was upheld.

2. The Trial Court had convicted the Petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act and directed him to pay a fine of Rs.5,10,000/-, out of which a sum of Rs.5,000/- was ordered to be remitted to the State.

3. The Petitioner submits that he has already deposited 50% of the fine amount before the Trial Court in compliance with the order of this Hon'ble Court.

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NC: 2026:KHC:18197 CRL.RP No. 456 of 2023

HC-KAR

4. The Petitioner further submits that due to severe financial difficulties and losses in his business, he is not in a position to pay the remaining amount in one lump sum.

However, the Petitioner is ready and willing to settle the matter amicably and undertakes to pay the balance amount in the following installments:

Rs.1,00,000/- on 02.05.2026

Rs.1,00,000/- on 02.06.2026

Rs.55,000/- on 02.07.2026

Wherefore, The Petitioner humbly prays that this Hon'ble Court may be pleased to record the above settlement terms and permit the Petitioner to pay the remaining amount as stated above. Hence, this Memo to be kindly taken on record in the interest of justice and equity.”

Learned counsel for the respondent has endorsed no objection on the memo.

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.

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NC: 2026:KHC:18197 CRL.RP No. 456 of 2023

HC-KAR

It is made clear that, if there is any default in payment of compensation as agreed in the memo, 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

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