Ayaz M Vs K N Sudheendra — Karnataka HC (2026) — LawSathi Research

Ayaz M Vs K N Sudheendra — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Revision petition disposed of on the joint memo: complainant permitted to withdraw the entire amount deposited before the trial court under due identification; petitioner/appellant to pay the balance of Rs.1,10,500/- in two equal instalments on 30/03/2026 and 30/04/2026; on failure to pay the agreed compensation, petitioner to undergo imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court.

Issue for consideration

Whether the criminal revision petition challenging the trial Magistrate's judgment and the first appellate court's judgment could be disposed of in terms of the joint memo recording full and final settlement between the parties.

Court's answer

Placing the joint memo (recording full and final settlement of Rs.6,80,000/-) on record, the revision petition stands disposed of.

Ratio / Principle

It is made clear that if the compensation amount as agreed in the joint memo is not paid, the petitioner shall undergo imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court.

Key takeaways

The amount in deposit is ordered to be withdrawn by the complainant under due identification.ratio¶36

Detailed headnote1 paragraphs

Criminal Revision Petition (CRL.RP No. 728 of 2022) under Section 397 r/w 401 CrPC, challenging the judgment of the 12th/37th Addl. Chief Metropolitan Magistrate, Bengaluru dated 31.12.2018 in C.C.No. 5098/2017 and the judgment of the LXVII Addl. City Civil and Sessions Court, Bengaluru dated 10.03.2021 in CRL.A. No.210/2019 in a cheque matter, was disposed of on a joint memo recording full and final settlement of Rs.6,80,000/-. The amount in deposit (Rs.5,49,500/-) was ordered to be withdrawn by the complainant under due identification; the balance of Rs.1,10,500/- is payable in two equal instalments on 30/03/2026 and 30/04/2026; and it was made clear that on failure to pay the agreed compensation the petitioner shall undergo imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court. (V Srishananda, J., Oral Order, 06.03.2026)

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NC: 2026:KHC:13965 CRL.RP No. 728 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.728 OF 2022 (397(Cr.PC) / 438(BNSS)

BETWEEN:

AYAZ M S/O ABDUL BASHID, AGED ABOUT 51 YEARS, R/AT OPP. REMAND ROOM, SIRUGUPPA ROAD, MARUTHI NAGAR, BELLARY – 583 103

…PETITIONER

(BY SMT.CYNTHIA.P FOR SRI PAVAN KUMAR.Y.N, ADVOCATES)

AND:

Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

K N SUDHEENDRA S/O LATE K T NARAYAN RAO, AGED ABOUT 60 YEARS, R/AT NO.72, HAYAGREEVA NIVAS, PUTTANNA ROAD, BASAVANGUDI, BENGALURU – 560 004

…RESPONDENT

(BY SRI PRAKASHA K V, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE HON’BLE 12^TH ADDL. AND 37^TH ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU DATED 31.12.2018 IN C.C.No. 5098/2017 AND THE JUDGMENT OF HON’BLE LXVII ADDL. CITY CIVIL AND SESSIONS COURT, BENGALURU DATED 10.03.2021 IN CRL.A. No.210/2019 BY ALLOWING THE ABOVE APPEAL.

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NC: 2026:KHC:13965 CRL.RP No. 728 of 2022

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Joint memo is filed. Joint memo reads as under:

1. The Petitioner and Respondent herein have agreed to settle the above matter for a sum of Rs.6,80,000/- as full and final Settlement.

2. Out of the settled amount Petitioner/Accused has deposited a sum of Rs.5,49,500/- before the trial Court on 04.02.2023 and 11.02.2019 Respectively.

3. The Appellant/Accused has agreed to pay the balance amount of Rs.1,10,500/- in two equal installment on 30/03/2026 and 30/04/2026.

4. The Respondent/complainant is at liberty to withdraw the entire amount which is already deposited before the trial court.

5. In view of the settlement there is no due under the cheque in question between the parties as such the above matter may be disposed off.

Wherefore, respectfully pray that this

Hon’ble Court be pleased to dispose the above matter as per the joint memo in the interest of justice and equity.

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NC: 2026:KHC:13965 CRL.RP No. 728 of 2022

HC-KAR

Placing the joint memo on record, revision petition

stands disposed of .

Amount in deposit is ordered to be withdrawn by

the complainant under due identification.

It is made clear that if the compensation amount as

agreed in the joint memo is not paid, petitioner shall undergo imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court.

Sd/(V SRISHANANDA) JUDGE

MR

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