Sri L Chandrashekar Vs Shree Harsha D — Cheque Dishonour | Karnataka HC (2026)

Sri L Chandrashekar Vs Shree Harsha D — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Criminal Revision Petition disposed of in terms of the parties' joint memo dated 18.03.2026; the amount in deposit ordered to be withdrawn by the complainant on due identification; agreed compensation of Rs.2,50,000/- (inclusive of Rs.80,000/- already deposited before the trial court) to be completed through three instalments ending 20.06.2026; upon default in payment, the petitioner/accused is to undergo the imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court.

Issue for consideration

Whether the judgment of conviction and sentence dated 18.07.2017 in C.C.No.5267/2013 (XXIII Addl.C.M.M., Bengaluru) and the appellate judgment of conviction and sentence dated 19.06.2018 in Crl.A.No.1376/2017 (LIX Additional City Civil and Sessions Judge, Bengaluru) for the offence punishable under Section 138 of the N.I. Act should be set aside and the petitioner/accused acquitted, given the parties' amicable settlement recorded in the joint memo.

Court's answer

In view of the joint memo dated 18.03.2026 filed by both sides, the Criminal Revision Petition stands disposed of.

Ratio / Principle

The amount in deposit is ordered to be withdrawn by the complainant on due identification.

Key takeaways

If the compensation amount agreed in the Joint Memo is not paid, the petitioner/accused shall undergo the imprisonment as ordered by the Trial Magistrate, confirmed by the First Appellate Court.ratio¶41

Detailed headnote1 paragraphs

High Court of Karnataka (Bengaluru), single-judge oral order of V Srishananda, J., dated 18.03.2026, disposing of CRL.RP No. 774 of 2018 (filed under S.397 r/w S.401 Cr.P.C) on a joint memo of even date signed by the counsel for both sides together with the parties. Background: complainant Shree Harsha D had prosecuted petitioner/accused Sri L Chandrashekar for an offence under Section 138 N.I. Act on dishonour of cheques aggregating Rs.3,51,000/-; the accused was convicted and sentenced on 18.07.2017 in C.C.No.5267/2013 by the XXIII Addl.C.M.M., Bengaluru, and that conviction stood confirmed by the First Appellate Court (judgment of conviction and sentence dated 19.06.2018 in Crl.A.No.1376/2017, Presiding Officer, LIX Additional City Civil and Sessions Judge, Bengaluru). Settlement terms accepted by the Court: Rs.2,50,000/- as full and final settlement, inclusive of Rs.80,000/- already deposited before the trial court, which the complainant was permitted to withdraw on due identification; the balance of Rs.1,70,000/- to be paid in three instalments - Rs.50,000/- by 20.04.2026, Rs.50,000/- by 20.05.2026 and Rs.70,000/- by 20.06.2026 - with the complainant confirming no further dues and no objection to the petitioner being acquitted. Default safeguard retained by the Court: if the agreed compensation is not paid, the petitioner/accused shall undergo the imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court. The operative order records disposal, deposit release and the default clause; acquittal appears in the order only as the position recorded in the joint memo.

1 - NC: 2026:KHC:15839 CRL.RP No. 774 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 774 OF 2018

BETWEEN:

SRI L CHANDRASHEKAR AGED ABOUT 50 YEARS R/A NO.34,NEELAMMA APARTMENT, GURUDARSHAN LAYOUT, VIDYARANYAPURA, THINDLU POST BENGALURU - 560 097

OFFICE: SRI L CHANDRASHEKAR TECHNICAL ASSISTANT 'B' LABORATORY, MINISTRY OF DEFENCE, DEFENCE RESEARCH & DEVELOPMENT ORGANIZATION, DEBEL, C.V.RAMAN NAGAR, BENGALURU - 560093.

…PETITIONER

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

(BY SRI. NARENDRA BABU.H.L., ADVOCATE FOR SRI. NATARAJA B S., ADVOCATE)

AND:

SHREE HARSHA D AGED ABOUT 38 YEARS SON OF DR.D.DEVAIAH RESIDING AT NO.19/1, 19^TH CROSS, BHUVANESHWARINAGAR BENGALURU - 560023

…RESPONDENT

(BY SRI. K.V.JAGADEESH, ADVOCATE FOR SRI. M.PARTHASARATHY, ADVOCATE)

2 -

NC: 2026:KHC:15839 CRL.RP No. 774 of 2018

HC-KAR

THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 19.06.2018 PASSED IN CRL.A.NO.1376/2017 BY THE PRESIDING OFFICER, LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ALSO THE JUDGMENT OF CONVICTION AND SENTENCE DATED 18.07.2017 PASSED IN C.C.NO.5267/2013 BY THE XXIII ADDL.C.M.M., BENGALURU AND THEREBY ACQUIT THE PETITIONER/ACCUSED IN C.C.NO.5267/2013 FOR THE OFFENCE P/U/S 138 OF N.I. ACT, ETC.,

THIS PETITION, COMING ON FOR 'REPORTING SETTLEMENT' THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

A Joint Memo dated 18.03.2026 is filed by the

learned counsel for the petitioner, being signed by him and the petitioner and also by the counsel for the respondent.

Joint memo is placed on record, which reads as

under:

3 - NC: 2026:KHC:15839 CRL.RP No. 774 of 2018

HC-KAR

"The Complainant and Accused jointly state as hereunder:-

1. The Complainant/Respondent instituted proceedings against the accused/petitioner herein for the offence punishable under Section 138 of N.I Act in respect of dishonor of cheques for sum of 3,51,000/-.

2. The petitioner/accused and the respondent/ complainant have settled their disputes amicably in view of the settlement the petitioner/complainant has agreed to pay a sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) as full and final settlement including a sum of Rs.80,000/- (Rupees Eighty Thousand only) which is already deposited before the trial court, remaining amount of Rs.1,70,000/- (Rupees One Lakh Seventy Thousand only) shall be paid by the petitioner in three (3) installments by deducting/adjusting as follows:

a) A sum of Rs.50,000/(Rupees Fifty Thousand only) on or before 20.04.2026.

b) A sum of Rs.50,000/(Rupees Fifty Thousand only) on or before 20.05.2026.

c) A sum of Rs.70,000/- (Rupees Seventy Thousand only) on or before 20.06.2026.

3. In view of the aforesaid terms and assurance made by the accused/petitioner, the respondent/ complainant herein confirms that he has no further dues against the petitioner/accused herein and has no objections to the petitioner/accused being acquitted by this Hon'ble Court.

4. Wherefore, the petitioner/accused and the respondent/complainant pray that this Hon'ble Court be pleased to allow the above Criminal

4 - NC: 2026:KHC:15839 CRL.RP No. 774 of 2018

HC-KAR

Revision Petition in terms of the joint memo and further be pleased to acquit the petitioner/accused for the offence under Section 138 of NI Act, 1881 by set aside the judgment of conviction and sentence dated 18.07.2017 passed in C.C.No.5267/2013 by the XXIII Addl.C.M.M., Bengaluru and also set aside the judgment of conviction and sentence dated 19.06.2018 passed in Crl.A.No.1376/2017 by the Presiding Officer, LIX Additional City Civil and Sessions Judge, Bengaluru, in the interest of justice and equity.

In view of the joint memo, petition stands

disposed of. The amount in deposit is ordered to be withdrawn by the complainant on due identification. If the compensation amount as agreed in the Joint Memo is not paid, the petitioner/accused shall undergo imprisonment as ordered by the Trial Magistrate, confirmed by the First

Appellate Court.

Sd/(V SRISHANANDA) JUDGE

DH List No.: 1 Sl No.: 54