Harishchandra v. Kamalakar N Mendon

NC:(2026:KHC:24214( CRL.RP(No.(879(of(2023( C/W(CRL.RP(No.(872(of(2023( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(29 (DAY(OF(APRIL,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(V(SRISHANANDA( CRIMINAL(REVISION(PETITION(NO.(879(OF(2023( (397(Cr.PC)(/(438(BNSS)( C/W(CRIMINAL(REVISION(PETITION(NO.(872(OF(2023(( ( IN(CRL.RP(No.(879/2023( BETWEEN:(( ( , HARISHCHANDRA,

S/O,DEJAPPA,, AGED,ABOUT,65,YEARS,, R/AT,FLAT,NO.301,,

DOOR,NO,,1-4-133(8),, VIAJAYA,APARTMENT,,SHIVALI,VILLAGE,, DODDANAGUDDE,,

UDUPI,TALUK,AND,DISTRICT-,576,102., …PETITIONER, (BY,SRI,NISHIT,KUMAR,SHETTY,,ADVOCATE),

AND:( ( , KAMALAKAR,N,MENDON, Digitally S/O,NARAYANA,K,MENDON,, signedtiby AGED,ABOUT,55,YEARS,, MALATESH R/AT,CANARA,BANK,COMPOUND,, K0C KODAVOOR,, KODAVOOR,POST,AND,VILLAGE,,Location: UDUPI,TALUK-,576108,HIGH …RESPONDENT,COURT0OF (BY,SRI.,HAREESH,BHANDARY,T,,ADVOCATE),KARNATAKA , THIS, CRIMINAL, REVISION, PETITION, IS, FILED, UNDER, SECTION, 397, R/W, 401, CODE, OF, CRIMINAL, PROCEDURE,, PRAYING, TO, SET, ASIDE, THE, JUDGMENT, AND, ORDER, OF, CONVICTION, DATED, 02.12.2022, MADE, IN, C.C.NO.1895/2016, BY,THE,COURT,OF,PRL.CIVIL,JUDGE,AND,J.M.F.C,,UDUPI,AND, THE, JUDGMENT, AND, ORDER, DATED, 02.06.2023, MADE, IN, NC:(2026:KHC:24214( CRL.RP(No.(879(of(2023( C/W(CRL.RP(No.(872(of(2023( , ,,HC-KAR( ( ( CRL.A.NO.110/2022,BY,THE,II,ADDL.DISTRICT,AND,SESSIONS, JUDGE,,UDUPI., ( (IN(CRL.RP(NO.(872/2023, BETWEEN:, , HARISHCHANDRA, S/O,DEJAPPA,, AGED,ABOUT,,65,YEARS,, R/AT,FLAT,NO.301,, DOOR,NO.1-4-133(8),, VIAJAYA,APARTMENT,,SHIVALLI,VILLAGE,, DODDANAGUDDE,, UDUPI,TALUK,AND,DISTRICT,-,576102., ...PETITIONER, (BY,SRI.,NISHIT,KUMAR,SHETTY,,ADVOCATE), AND:, , KAMALAKAR,N,MENDON, S/O.,NARAYANA,K,MENDON,, AGED,BOUT,55,YEARS,, R/AT,CANARA,BANK,COMPOUND,, KODAVOOR,, KODAVOOR,POST,AND,VILLAGE,, UDUPI,TALUK,576,108, ...RESPONDENT, (BY,SRI.,HAREESH,BHANDARY,T,,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, OF, CONVICTION, DATED, 02.12.2022, MADE, IN, C.C.NO.3175/2016, BY, THE, COURT, OF, PRINCIPAL, CIVIL, JUDGE,AND,JMFC,,UDUPI,AND,THE,JUDGMENT,AND,ORDER, DATED,02.06.2023,MADE,IN,CRL.APPEAL,NO.111/2022,BY, THE, II, ADDITIONAL, DISTRICT, AND, SESSIONS, JUDGE,, UDUPI.,,

THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Joint memo are filed signed by the parties and their respective advocates.

¶2Contents of the joint memos read as under in both the cases: Crl.R.P.No.879/2023 "The parties in the above revision petition beg to submit as follows:

¶1That the above Criminal Revision Petition is filed praying to set aside the Judgment and Conviction order passed by the Principal Civil Judge and JMFC, Udupi in C.C.No.1895/2016 dated 02.12.2022 and the Judgment passed in Crl. Appeal No.110/2022 dated 02.06.2023 on the file of the II Addl. District and Sessions Judge, Udupi.

¶2It is submitted that, the dispute between the parties have been amicably settled at the intervention of the well-wishers of both the parties. It is submitted that, the petitioner and the respondent have settled the matter for a sum of Rs.3,20,000/-(Rupees Three Lakh and Twenty Thousand only) as a full and final settlement and the

petitioner has deposited Rs.3,20,000/-(Rupees Three Lakh and Twenty Thousand only) before the Trial Court as per the direction of this Hon'ble Court as well as appellate court and the respondent is permitted to withdraw the said amount. Therefore, the petitioner and respondent jointly prays that this Hon'ble Court may kindly be pleased to permit the parties to compound the offence and set aside the Judgment and Conviction order passed by the Principal Civil Judge and JMFC, Udupi in C.C.No.1895/2016 dated 02.12.2022 and the Judgment passed in Crl.Appeal No.110/2022 dated 02.06.2023 on the file of the II Addl. District and Sessions Judge, Udupi as against the petitioner in view of the settlement arrived by the parties.

WHEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be permit the parties to compound the offence punishable under section 138 of Negotiable Instruments Act and set aside the Judgment and Conviction order passed by Principal Civil Judge and JMFC, Udupi in C.C.No.1895/2016 dated 02.12.2022 and the Judgment passed in Crl.Appeal No.110/2022 dated

02.06.2023 on the file of the II Addl. District and Sessions Judge, Udupi as against the petitioner and acquit him for the offence under section 138 of Negotiable Instruments Act, in the interest of justice."

Crl.R.P.No.872/2023 "The parties in the above revision petition beg to submit as follows:

¶1That the above Criminal Revision Petition is filed praying to set aside the Judgment and Conviction order passed by the Principal Civil Judge and JMFC, Udupi in C.C.No.3175/2016 dated 02.12.2022 and the Judgment passed in Crl. Appeal No.111/2022 dated 02.06.2023 on the file of the II Addl. District and Sessions Judge, Udupi.

¶2It is submitted that, the dispute between the parties have been amicably settled at the intervention of the well-wishers of both the parties. It is submitted that, the petitioner and the respondent have settled the matter for a sum of Rs.2,80,000/-(Rupees Two Lakh and Eighty Thousand only) as a full and final settlement and the petitioner has deposited Rs.2,80,000/-(Rupees Two Lakh and Eighty Thousand only) before the Trial Court as per the direction of this Hon'ble Court as well as appellate court and the respondent is permitted to withdraw the said amount. Therefore, the petitioner and respondent jointly prays that this Hon'ble Court may kindly be pleased to permit the parties to compound the offence and set aside the Judgment and Conviction order passed by the Principal Civil Judge and JMFC, Udupi in C.C.No.3175/2016 dated 02.12.2022 and the Judgment passed in Crl.Appeal No.111/2022 dated 02.06.2023 on the file of the II Addl. District and Sessions Judge, Udupi as against the petitioner in view of the settlement arrived by the parties.

WHEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be permit the parties to compound the offence punishable under section 138 of Negotiable Instruments Act and set aside the Judgment and Conviction order passed by Principal Civil Judge and JMFC, Udupi in C.C.No.3175/2016 dated 02.12.2022 and the Judgment passed in Crl.Appeal No.111/2022 dated

02.06.2023 on the file of the II Addl. District and Sessions Judge, Udupi as against the petitioner and acquit him for the offence under section 138 of Negotiable Instruments Act, in the interest of justice."

¶3Placing the joint memos on record petitions stand disposed of.

¶4Amount in deposit is ordered to be withdrawn by the complainant under due identification.

Sd/- (V SRISHANANDA) JUDGE

MR List No.: 2 Sl No.: 74