Sri P Dayananda Vs Sri M Krishna Murthy

SRI P. DAYANANDA, S/O R.PUTTAIAH, AGED ABOUT 42 YEARS, R/AT NO 15, 1ST FLOOR, SRI RENUKA NILAYA, 13^TH CROSS, AGB LAYOUT, HESARAGHATTA MAIN ROAD, CHIKKABANAVARA, BENGALURU-560 090.

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…PETITIONER

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(BY SRI. K. VISHWANATHA, ADVOCATE)

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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AND:

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SRI. M. KRISHNA MURTHY, S/O LATE MUNISHAMAPPA, AGED ABOUT 59 YEARS, R/AT CHIKKABANAVARA VILLAGE AND POST, NEAR CHIKKABANAVARA BUS STAND, BENGALURU-560 090.

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…RESPONDENT

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(BY SRI. K. VIJAYA KUMAR, ADVOCATE)

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THIS CRL.RP FILED UNDER SECTION 397 R/W 401 CR.P.C (FILED U/S 438 BNSS) PRAYING TO SET ASIDE THE JUDGMENT/ORDER DATED 29.10.2024 IN CRL.A.NO.01/2024 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS

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NC: 2026:KHC:6396 CRL.RP No. 838 of 2025

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HC-KAR

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JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU, IN CONFIRMING THE JUDGMENT AND CONVICTION PASSED BY THE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU IN C.C.NO.8206/2022, DATED 02.12.2023 AND ACQUIT THE PETITIONER IN THE ABOVE CASE.

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THIS PETITION, COMING ON FOR 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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This revision petition is filed under Section 397 Rule 401 of Cr.P.C. with a prayer to set aside the judgment and order of conviction and sentence dated 02.12.2023 passed in C.C.No.8206/2022 by the Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru and the judgment and order dated 29.10.2024 passed in Crl.A.No.01/2024 by the Court of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru.

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Learned counsel to the parties jointly submit that dispute between the parties has been amicably settled and the respondent/complainant has agreed to receive a total sum of Rs.5,75,000/- from the petitioner towards full and final

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NC: 2026:KHC:6396 CRL.RP No. 838 of 2025

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HC-KAR

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settlement of the amount covered under the cheque in question which is subject matter of C.C.No.8206/2022.

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Learned counsel for the respondent submits that entire amount of Rs.5,75,000/- has been as agreed has been already received by the respondent/complainant and therefore, the joint memo may be taken on record and the impugned judgment and order of conviction and sentence passed against the petitioner may be set aside.

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The parties who are present before the Court have been identified by their respective learned advocates. The respondent/complainant has admitted the receipt of payment of Rs.5,75,000/- from the petitioner.

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The joint memo dated 04.02.2026 which is filed in open Court is signed by the parties and also by their respective advocates. The same is taken on record.

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In paragraph Nos.1 to 3 of the joint memo, it is stated as follows:

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"1. The petitioner has filed the above petition to set aside the Judgment/order passed by the 1^st Additional

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NC: 2026:KHC:6396 CRL.RP No. 838 of 2025

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HC-KAR

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District and session Judge at Bangalore Rural District in Crl.Apl. No. 01/2024 dated 29-10-2024

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2. It is submitted that during the pendency of the above petition the petitioner/ accused has paid the entire compensation amount of Rs.5,75,000-00 on 3112-2025 to the respondent before the trial court as per the judgment passed in C.C.No.8206/2023 and with regard to the fine amount of Rs.25,000-00 the petitioner/Accused submits before the trial court that, the above petition is pending. Hence, the petitioner/ accused temporarily released on the bond for Rs.25,000-00.

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3. It is submitted that the respondent has received the entire amount as per the judgment passed in C.C.No.8206/2023 as a full and final settlement amount. The petitioner and the respondent are filing this Joint memo without any force, Undue influence, coercion."

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Considering the aforesaid aspects of the matter, I

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am of the opinion that this revision petition is required to be disposed of in terms of the joint memo and the impugned judgment and order of conviction and sentence passed against the petitioner needs to be set aside.

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Accordingly, the following:

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NC: 2026:KHC:6396 CRL.RP No. 838 of 2025

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HC-KAR

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ORDER

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i. Criminal revision petition is allowed ;

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ii. The impugned judgment and order of conviction and sentence dated 02.12.2023 passed in C.C.No.8206/2022 by the Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru and the judgment and order dated 29.10.2024 passed in Crl.A.No.01/2024 by the Court of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru are set aside and the petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act;

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iii. His bail bonds, if any, stand cancelled.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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PGG

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List No.: 1 Sl No.: 21

Sri P Dayananda v. Sri M Krishna Murthy

Case brief

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Sri P Dayananda v. Sri M Krishna Murthy

Case brief

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