M/S Sahyadri Chits Pvt Ltd v. Pavitra

((((((((((((HC-KAR, NC:(2026:KHC:45680( CRL.A(No.(1440(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010420152025( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(24 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(S(RACHAIAH(

CRIMINAL(APPEAL(NO.(1440(OF(2025((A)(

( BETWEEN:(( ( , M/S.,SAHYADRI,CHITS,PVT.,LTD.,, OFFICE,AT,VINAYAKA,NILAYA,, BESIDE,ROYAL,ORCHID,, B.,H.,ROAD,, SHIVAMOGGA,–,577,401., REPRESENTED,BY,ITS,FOREMAN,, RAMESH,M.,BHAT,, Digitally S/O.,LATE,MAHABALESHWAR,BHAT,, signedtiby SUSHMA LAKSHMI AGED,ABOUT,51,YEARS., B0S Location: , High0Court of …APPELLANT,Karnataka (BY,SRI.,ASHWATH,C.M.,,ADVOCATE), , AND:( ( , PAVITRA,, W/O.,THIPPESWAMY,G,, ((((((((((((HC-KAR, NC:(2026:KHC:45680( CRL.A(No.(1440(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010420152025( ( ( AGED,ABOUT,37,YEARS,, R/AT,GIRI,NIVAS,,#55/1,, ND,CROSS,,HOUSE,NO.53,,2 BAPUJINAGARA, SHIVAMOGGA,–,577,401., , …RESPONDENT, (BY,SRI.,LATHA,S.,SHETTY.,,ADVOCATE), ----, , THIS, CRL.A, IS, FILED, U/S, 378(4), CR.PC, (FILED, U/S, 419(4), OF, BNSS), BY, THE, ADVOCATE, FOR, THE, APPELLANT, PRAYING, TO, SET, ASIDE, THE, JUDGMENT, DATED, 01.03.2025,, PASSED,BY,THE,II,ADDL.,DISTRICT,AND,SESSIONS,JUDGE,AT, SHIVAMOGGA,, IN, CRL.A, NO.173/2023, AND, CONFIRM, THE, JUDGMENT, DATED, 04.10.2023, PASSED, BY, THE, I, ADDL., SENIOR, CIVIL, JUDGE, AND, CHIEF, JUDICIAL, MAGISTRATE, AT, SHIVAMOGGA,, IN, CC.NO.1810/2021, AND, CONVICT, THE, ACCUSED, FOR, THE, OFFENCES, P/U/S, 138, OF, NEGOTIABLE, INSTRUMENTS,ACT.,, , THIS, APPEAL,, COMING, ON, FOR, HEARING,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,S,RACHAIAH,

ORAL JUDGMENT

¶1Heard Mr. Ashwath C.M., learned counsel for the appellant and Smt. Latha S Shetty, learned counsel for the respondent.

¶2This Criminal Appeal is filed by the appellant seeking to set aside dated

01.03.2025 in Crl.A.No.173/2023 passed by the learned II Addl. District and Sessions Judge, Shivamogga.

¶3Learned counsel for the respective parties filed joint memo for settlement, the same is taken on record, which reads as under.

¶4The joint memo filed by the respective parties reads as under:

" Both the parties humbly submits as follows:

¶1The appellant has filed a criminal case in cc.no.1810/2021 on the file of Hon'ble additional senior civil judge and CJM at Shivamogga, against respondent for the offence punishable under section.138 of Negotiable Instruments Act.

¶2After conclusion of trial and hearing on both parties Hon'ble Trial Court was pleased allow complaint and convicted respondent/accused by vide judgment dated

04.10.2023.

¶3Being aggrieved by the judgment dated

04.10.2023, respondent/accused preferred an appeal in Crl.A.No.173/2023, before the Hon'ble II Additional District and Sessions Judge at Shivamogga. After hearing both the parties Hon'ble appellate Court was pleased to allow the appeal consequently acquitted respondent/accused and set aside judgment of Trial Court by vide judgment dated 01.03.2025.

¶4Being aggrieved by of appellate court dated

01.03.2025, appellant preferred this appeal before this Hon'ble court. Due to intervention of elders and well wishers the parties are settled their dispute amicably.

¶5It is stated that the dispute between the Appellant and Respondent is settled for an amount of Rs.2,39,100/- i.e. amount

covered under cheque bearing No.358611.

¶6It is submitted that the Respondent has today paid a sum of Rs.1,90,200/- by way of D.D.No.661480 dated 20.08.2026, drawn on Union Bank.

¶7The Respondent/Accused donot have any objection to release the deposit amount which is deposited before the Hon'ble Trial Court i.e. 48,800/- in favour of Appellant/Complainant.

¶8It is submitted that the amount being paid is towards the cheque amount and further the compromise arrived between the parties herein will not come in the way of recovery proceedings before the Ex.No.9/2021, filed to execute passed in DRCS/Chits/18/2018-19 dated 30.05.2019.

¶9It is submitted that Appellant/Complainant has the right to continue the Ex.No.9/2021 for recovery of balance due amount.

Wherefore the parties humbly pray that this Hon'ble court be pleased to record the submit and pass necessary orders in the interest of justice."

¶5On going through the contents of the joint affidavit, it appears that both the parties have settled their disputes amicably. Having considered the changed circumstances and also on considering the amicable settlement arrived between the parties, it is appropriate to record the settlement. Accordingly, I proceed to pass the following: ORDER i. The Criminal Appeal stands disposed of in terms of compromise between respective parties. ii. The dated

01.03.2025 in Crl.A.No.173/2023 passed by the learned II Addl. District and Sessions Judge, Shivamogga is set aside.

iii. The appellant is acquitted for the offences punishable under Section 138 of N.I. Act.

iv. Bail bond executed, if any, stands cancelled.

v. The Trial Court is directed to release the amount deposited by the appellant in favour of the complainant on proper identification.

Sd/- (S RACHAIAH) JUDGE

JS/- List No.: 1 Sl No.: 52