Allowed

Sri Rajendra Reddy v. Sri C Govindan

Karnataka HC14 Jan 2026CRL.RP/809/2017

Case brief

AI extract

What is this about?

Revision against conviction and sentence for an offence under the Negotiable Instruments Act. The parties settled amicably for Rs.3,00,000/- and applied to compound the offence under Section 147 NI Act. Permission was granted, convictions were set aside and the petitioner was acquitted.

What did the court decide?

Petitioner acquitted of offence punishable under S.138 NI Act; conviction and sentence set aside; respondent free to withdraw Rs.1,90,000/- trial court deposit; bail bonds cancelled.

Sri Rajendra Reddy Vs Sri C Govindan — Cheque Dishonour | Karnataka HC (2026)

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NC: 2026:KHC:2217 CRL.RP No. 809 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 809 OF 2017

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BETWEEN:

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SRI RAJENDRA REDDY, S/O RAMIAH, AGED ABOUT 55 YEARS, R/AT NO 108, MANJUNATHA NILAYA, NEAR POLICE STATION, RAMAMURTHY NAGAR MAIN ROAD, BANGALORE - 560 016.

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…PETITIONER

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(BY SRI. LEELADHAR H P, ADVOCATE)

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AND:

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Digitally signed by KAVYA R Location: High court of Karnataka

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SRI C GOVINDAN, S/O CHANNAVEERAN, AGED ABOUT 73 YEARS, R/A IV CROSS, BSV REDDY, LAYOUT RAMAMURTHY NAGAR MAIN ROAD, BANGALORE - 560 016.

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…RESPONDENT

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(BY SRI.K.R.SRINIVASAPPA, 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 HON'BLE COURT MAY BE PLEASED TO i)SET ASIDE THE JUDGMENT, CONVICTION AND SENTENCE DATED 22.02.2016 PASSED BY

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2 - NC: 2026:KHC:2217 CRL.RP No. 809 of 2017

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HC-KAR

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THE XIV ACMM, MAYO HALL UNIT, BANGALOER IN C.C.NO.26364/2016.ii)SET ASIDE THE JUDGMENT, CONVICTION AND SENTENCE DATED 14.07.2017 PASSED BY THE IV ADDL. CITY CIVIL AND S.J., MAYO HALL UNIT, BANGALORE (CCH-21) IN CRL.A.NO.25014/2016 AND ACQUIT THE PETR. BY ALLOWING THE REVISION PETITION.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused is before this Court in this Criminal revision petition filed under Section 397 read with Section 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.26364/2013 by the Court of XIV Additional Chief Metropolitan magistrate, Mayo Hall Unit, Bengaluru dated 22.02.2016 and the judgment and order dated 14.07.2017 passed in Crl.A.No.25014/2016 by the Court of IV Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru.

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3 - NC: 2026:KHC:2217 CRL.RP No. 809 of 2017

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HC-KAR

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Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled during the pendency of this Criminal revision petition and the parties have filed an application under Section 147 of Negotiable Instrument Act, 1881, seeking permission of this Court to permit the parties to compound the offence for which the petitioner has been convicted and sentenced by the Courts below.

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The said application is taken on record. The same is signed by the parties as well as by their respective learned advocates. The parties who are present before the court in person are identified by their learned advocates.

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It is submitted that settlement arrived between the parties is voluntary without there being any undue influence or coercion. In paragraph Nos. 4 and 5 of the application filed under Section 147 of the Negotiable Investment Act, 1881, it is stated as follows:

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NC: 2026:KHC:2217 CRL.RP No. 809 of 2017

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HC-KAR

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"4. The petitioner and respondent submits that, in view of the intervention of well-wishers and friends of both the petitioner and respondent have agreed to settle the matter amicably and consequently it is resolved and agreed by both the parties, the respondent/complainant is settled the dispute of the above case for a sum of Rs.3,00,000/- including the earlier amount of Rs.1,90,000/- deposited before the trial court. As such it is agreed:

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a) The petitioner has no objection for the respondent to withdraw the said amount of Rs.1,90,000/- (One Lakhs ninety Thousand Rupees only).

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b) The remaining amount of Rs.1,10,000/- (One Lakhs Ten Thousand Rupees) be payable to the respondent by the petitioner, and the same was paid today with cash

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5. Both the parties have agreed to the compromise arrived at on their free will, without any coercion or undue influence.

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Respondent who is present in person along with

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his learned advocate has admitted receipt of Rs.1,10,000/(Rupees One Lakh Ten Thousand only) paid by the petitioner in the open Court in cash.

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5 - NC: 2026:KHC:2217 CRL.RP No. 809 of 2017

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HC-KAR

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Having regard to the settlement arrived between the parties and also considering the fact that offence for which the petitioner has been convicted and sentenced by the Courts below is a compoundable offence, I am of the opinion that the parties are required to be granted permission to compound the offence for which the petitioner has been convicted by the Courts below and the impugned judgment and order's of conviction and sentence passed by the Courts below needs to be set aside. Accordingly, the following:

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ORDER

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i. Application filed by the parties under Section 147 of Negotiable Instruments Act, 1881, seeking permission of this court to permit them to compound the offence for which the petitioner has been convicted and sentenced by the Court below is allowed and the parties are permitted to compound the offence for

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NC: 2026:KHC:2217 CRL.RP No. 809 of 2017

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HC-KAR

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which the petitioner has been convicted and sentenced by the Courts below.

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ii. Consequently, the Criminal Revision petition is allowed and the judgment and order of conviction and sentence passed in C.C.No.26364/2013 by the Court of XIV Additional Chief Metropolitan magistrate, Mayo Hall Unit, Bengaluru dated 22.02.2016 and the judgment and order dated 14.07.2017 passed in Crl.A.No.25014/2016 by the Court of IV Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru are set aside. The petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instrument Act, 1881, and his bail bonds finished if any, stands cancelled.

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iii. The respondent/complainant is at liberty to withdraw the amount of Rs.1,90,000/-

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NC: 2026:KHC:2217 CRL.RP No. 809 of 2017

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HC-KAR

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(Rupees One Ninety Thousand only) deposited by the petitioner before the Trial Court in C.C.No.26364/2013.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR List No.: 1 Sl No.: 17

Sri Rajendra Reddy v. Sri C Govindan

Case brief

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Sri Rajendra Reddy v. Sri C Govindan

Case brief

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