Venkataramana Bhat v. Purandara Poojari

JUDGMENT DATED

23.08.2025 PASSED IN CRL.A.NO.545/2024 BY THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA) BY ACQUITTING THE PETITIONER/ACCUSED.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER Both the learned counsel and their respective parties are present and have filed a joint memo.

¶2The terms of settlement entered into between the parties are recorded in the joint memo, which reads as follows:- "1. The Petitioner / Accused and Respondent /Complainant most humbly submit that, the Respondent / Complainant has filed a Criminal Case before the Hon'ble II Addl. Civil Judge & JMFC., Kundapur, in C.C. No. 1515/2023 under Section 138 of Negotiable Instruments Act. The learned Magistrate after adjudication on 15/11/2024 was pleased to pass the Judgment, whereby convicted the Petitioner / Accused directed to pay Rs. 5 Lakhs to the Complainant as compensation and also directed to pay Rs.5,000/- to the State and in fault, directed the Petitioner / Accused to undergo simple imprisonment for a period of six months. The Petitioner / Accused challenged the above referred impugned order before the Hon'ble Addl. District

and Sessions Judge, Udupi, (Sitting at Kundapura) in Crl. A. No.548/2024. learned Sessions Judge on 23/8/2025 was pleased to pass the judgment whereby dismissed the Appeal of Petitioner / Accused and confirmed the judgment of learned Magistrate referred above.

¶2It is further submitted that, the Petitioner /Accused and the Complainant / Respondent have amicably settled the above matter. As per the terms of the settlement, the Petitioner /Accused has agreed to pay Rs. 4,50,000/- (lump sum) on or before 11th September 2026. Further, the Petitioner / Accused has already deposited Rs. 1,01,000/- on 16/1/2025 in Q. No. 1368/2024-25 and Rs.1,01,000/- on 14/10/2025 in Q. No. 1250/2025-26 before the II Addl. Civil Judge & JMFC, Kundapura, in C.C. No.1515/2023. This Hon'ble Court may be pleased to direct the Registry of the Trial Court to release the amount in favors of the Respondent / Complainant. The remaining amount of Rs.2,48,000/- would be deposited to the Trial Court by the Petitioner / Accused on or before 11th September 2026. The said amount which would be deposited is also directed to be released in favour of the Respondent /Complainant. The Petitioner / Accused undertakes to deposit Rs.5,000/- directed to be deposited to the State within 10 days before the Trial Court. Under the circumstances, this Hon'ble Court be pleased to acquit the Petitioner / Accused, in the interest of justice and equity."

¶3Parties are also present before the Court today and are duly identified by the learned counsel appearing on their behalf.

¶4The terms of settlement are recorded.

¶5In view of the joint memo and accepting the submissions, the judgment of conviction passed by the Trial Court confirmed by the First Appellate Court is hereby set aside.

¶6The amount deposited before the Trial Court shall be released and paid to the respondent/complainant on proper identification, as the petitioner/accused has no objection to the same.

¶7In terms of the joint memo, the appeal stands disposed of.

¶8Registry is directed to transmit the Trial Court Records along with a copy of this order, to the concerned trial Court forthwith. Sd/- (VENKATESH NAIK T) JUDGE TMP List No.: 1 Sl No.: 28

e -e1e-eeeee e e ((((((((((((HC-KAR NC:(2026:KHC:42670 CRL.RP(No.(1382(of(2025 CNR:(KAHC010610612025 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(11 (DAY(OF(AUGUST,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(VENKATESH(NAIK(T( CRIMINAL(REVISION(PETITION(NO.(1382(OF(2025( BETWEEN:( VENKATARAMANA,BHAT, AGED,ABOUT,58,YEARS,, S/O,NGAPPAYYA,BHAT,, R/O,THARIKODLU,HOUSE,, SIDDAPURA,VILLAGE,-,576,229,, KUNDAPURA,TALUK,, UDUPI,DISTRICT., …PETITIONER, (BY,SRI.,SANDESH,SHETTY,T.,,ADVOCATE), AND: PURANDARA,POOJARI, AGED,ABOUT,50,YEARS,, Digitallytisigned by0ANNAPURNA S/O,RAMA,POOJARY,, G Location:0High KALUVINABAGILU,MANE,, Courttiof Karnataka HATTIKUDRU,, BASRUR,VILLAGE,-,576,211,, KUNDAPUR,TALUK., …RESPONDENT, (BY,SRI.,MOHANKUMARA,D.,,ADVOCATE), , THIS,CRL.RP,IS,FILED,U/S,397,R/W,401(FILED,U/S.438, R/W,SEC.442,BNSS),OF, CR.P.C,PRAYING,TO,SET,ASIDE,THE, JUDGMENT,DATED,15.11.2024,PASSED,IN,C.C.NO.1515/2023, BY,HONBLE,II,ADDL.,CIVIL,JUDGE,AND,JMFC,AT,KUNDAPURA, AND