Chowda Reddy v. B. Ramesh Kumar

NC:(2026:KHC:24379( CRL.RP(No.(360(of(2023( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(30 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(V(SRISHANANDA( CRIMINAL(REVISION(PETITION(NO.(360(OF(2023(( BETWEEN:(( (

, CHOWDA,REDDY, S/O,PAPANNA,, AGED,ABOUT,45,YEARS,, R/AT,GHATTAHALLI,VILLAGE,,

HOLUR,HOBLI,,KOLAR,TALUK,, KOLAR,-,563,126., …PETITIONER, (BY,SRI.,VASANTH,V.,FERNANDES,,ADVOCATE), AND:( ( , B.,RAMESH,KUMAR,

S/O,BYRAPPA,,

AGED,ABOUT,40,YEARS,,Digitally R/AT,7TH,CROSS,,KARANJIKATTE,,signedtiby MALATESH MUNESHWARA,NAGAR,MAIN,ROAD,, K0C C/O,MASTHENAHALLI,RAMANNA,BUILDING,,, Location: KOLAR,TOWN,,KOLAR,-,563,101., HIGH …RESPONDENT, COURT0OF (BY,SRI.,R.V.,SHIVANANDA,REDDY,,ADVOCATE),KARNATAKA , THIS, CRL.RP, IS, FILED, U/S.397, R/W, 401, OF, CR.P.C, PRAYING, TO, SET, ASIDE, THE, JUDGMENT, AND, ORDER, DATED,

31.01.2023,PASSED,BY,THE,HONBLE,I,ADDITIONAL,DISTRICT, AND, SESSIONS, JUDGE,, KOLAR, IN, CRL.A.NO.63/2022, AND,

FURTHER BE PLEASED TO ACQUIT THE PETITIONER BY SETTING ASIDE THE TRIAL COURT JUDGMENT AND ORDER DATED 09.09.2022 PASSED IN C.C.NO.163/2018 ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC AT SRINIVASAPURA U/S.138 OF NI ACT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER Learned counsel for the petitioner has filed a memo dated

30.04.2026. Contents of the memo reads as under: "The Petitioner respectfully submits:

¶1The Respondent Complainant had filed a case against the Petitioner Accused for the offence punishable under Section 138 of The Negotiable Instruments Act, 1881. The Petitioner submits that he is innocent of the alleged offence, but, based on material on record, has been convicted by the trial Court and the conviction has been confirmed by the Appellate Court and he has preferred the above Revision against the said Orders. Having heard arguments before this Honourable Court and recognizing that the material on record is insufficient to establish his innocence, he craves indulgence of this Honourable Court to deposit the fine amount before the trial Court in the manner set out hereunder.

¶2The total fine amount as per the Order of conviction is Rs.6,03,000/- (Rupees six lakhs three thousand only), of which the compensation to be paid to the Respondent-Complainant is Rs.6,02,000/- (Rupees six lakhs two thousand only).

¶3The Petitioner has deposited a sum of Rs.60,000/- (Rupees sixty thousand only) before the trial Court and paid a sum of Rs.1,81,200/- (Rupees one lakh eighty one thousand two hundred only) to the Respondent's Advocate before this Honourable Court, which has been duly acknowledged by him before this Honourable Court. Thus, a sum of Rs.3,61,800/- (Rupees three lakhs sixty one thousand eight hundred only) is still to be paid out of the total fine amount.

¶4The Petitioner undertakes to deposit the fine amount before the trial Court in the manner following:

i) On 20th May, 2026, a sum of Rs.60,300/- (Rupees sixty thousand three hundred only).

ii) On 20th June, 2026, a sum of Rs.60,300/- (Rupees sixty thousand three hundred only),

iii) On 20th July, 2026, a sum of Rs.60,300/- (Rupees sixty thousand three hundred only),

iv) On 20th August, 2026, a sum of Rs.60,300/- (Rupees sixty thousand three hundred only),

v) On 20th September, 2026, a sum of Rs.60,300/- (Rupees sixty thousand three hundred only), and

vi) On 20th October, 2026, a sum of Rs.60,300/- (Rupees sixty thousand three hundred only). In the event of any of the above days being a holiday, he undertakes to make the deposit on the next working day. WHEREFORE, the Petitioner prays that this Honourable Court may grant him the indulgence prayed for and to permit him to deposit the balance fine amount as prayed for herein above, in the interests of Justice.

¶2Learned counsel for the respondent has endorsed no-objection on the said memo.

¶3Placing the memo on record, the following order is passed: ORDER

i) Criminal Revision Petition stands disposed off in terms of the memo.

ii) Amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification.

iii) If there is any default in payment of the compensation amount as agreed in the memo, the petitioner shall undergo imprisonment as ordered by the Trial Magistrate, confirmed by the First Appellate Court.

Sd/- (V SRISHANANDA) JUDGE

GJM List No.: 2 Sl No.: 32