Karnataka High Court
CRL.RP/1211/2025 of SUBBACHARY YOGESH KUMAR @ YOGESH KUMAR Vs NEETHAN POBBATHI VENKATESH on 21 September 2026
CNR: KAHC010540812025 NC: 2026:KHC:51808 CRL.RP No. 1211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE GEETHA K.B. CRIMINAL REVISION PETITION NO. 1211 OF 2025 (397(Cr.PC) / 438(BNSS)) BETWEEN: 1. SUBBACHARY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE GEETHA K.B.
CRIMINAL REVISION PETITION NO. 1211 OF 2025
(397(Cr.PC) / 438(BNSS))
BETWEEN:
1.
SUBBACHARY YOGESH KUMAR
@ YOGESH KUMAR
S/O. SUBBACHARI
AGED ABOUT 39 YEARS,
RESIDING AT NO. 66-1, ANJANI LAYOUT,
NEAR FILTER BED CIRCLE, CHINTAMANI-563 125.
AND ANOTHER ADDRESS
SUBBACHARY YOGESH KUMAR
@ YOGESH KUMAR
S/O. SUBBACHARI
AGED ABOUT 39 YEARS,
RESIDING AT SRI CHOWDESHWARI NILAYA,
BEERESWARA PRASANNA, SRI MATHI RATHNA
SRI. G. KRISHNEGOWDA BUILDING
NEAR DECCAN HOSPITAL, WARD NO.7,
ASHWINI EXTENSION, CHINTAMANI-563 125.
…PETITIONER
(BY SRI. G M SRINIVASAREDDY.,ADVOCATE)
AND:
1.
NEETHAN POBBATHI VENKATESH
S/O. VENKATESH POBBATHI
K B GEETHA
HC-KAR
SEETHARAMAIAH SETTY
AGED MAJOR
RESIDING AT NO. 53, RAMMANDIR ROAD,
N.R. EXTENSION, CHINTAMANI-563 125.
PRESENTLY RESIDING AT
NO.4, DENNIS WAY, SLOUGH, SL 15JP,
UNITED KINGDOM, LONDON
REP. BY HIS GENERAL POWER OF ATTORNEY
HOLDER VENAKTESH POBBATHI SEETHARAMAIAH
SETTY, S/O. LATE. P. SEETHARAMAIAH SETTY
POBBATHI, AGED MAJOR,
RESIDING AT NO. 53, RAMMANDIR ROAD,
N.R. EXTENSION, CHINTAMANI-563 125.
…RESPONDENT
(BY SRI. M. ERAPPA REDDY.,ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED
U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE
PETITIONER PRAYING TO A) ALLOW THE PETITION AND SET
ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE IN
CRL. APPEAL NO.25405/2024 DATED 18.06.2025 PASSED BY
THE HONBLE LXXII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, MAYO HALL UNIT AT BENGALURU (CCH-73) AND ALSO
THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY
THE
HONBLE
XXXIII
ADDITIONAL
CHIEF
JUDICIAL
MAGISTRATE, MAYO HALL UNIT AT BENGALURU CITY IN C.C
NO.56414/2022 DATED 14.11.2024 AND ETC., THIS
PETITION,
COMING
ON
FOR
REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM:
HON'BLE MRS. JUSTICE GEETHA K.B.
K B GEETHA
HC-KAR
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ORAL ORDER
Learned counsels for the revision petitioner and respondent files a joint memo dated 21.09.2026 which is duly signed by both the parties, which reads as under :
"1. The Petitioner has filed the above petition being aggrieved by the confirmation of the order passed by the Trial Court dated 14.11.2024 in C.C.No. 56414/2022 on the basis of the complaint lodged by the respondent above named against the Petitioner for the offence punishable under Section 138 of Negotiable Instruments Act.
2. That the matter has been settled amicably between the parties before the Court for the full and final settlement of Rs.6,60,000/- (Rupees Six Lakhs Sixty Thousand Only).
3. It is submitted that the Petitioner has deposited a sum of Rs. 2,71,000/- as per the direction of the Appellate Court and today the Petitioner is paying the balance amount of Rs. 3,79,000/- (Rupees Three Lakhs Seventy Nine Thousand Only) by way of DD bearing No. 595764 dated 19.09.2026 drawn on State Bank of India, Chintamani Branch, Chintamani, and a sum of Rs. 10,000/- by way of cash towards full and final settlement to the Respondent and the respondent has acknowledged for having received the same. Hence, this memo."
2. Both the parties are present before the Court and identified by their respective counsels.
K B GEETHA
HC-KAR
3. As per the joint memo, parties have settled the dispute for a sum of Rs.6,60,000/-, out of which Rs.2,71,000/ was deposited before trial Court and for remaining Rs.3,79,000/-, demand draft is taken in the name of the respondent and remaining Rs.10,000/- is paid by way of cash.
4. On enquiry and on perusal of joint memo, it is noticed that the settlement between parties is voluntary and lawful one. In lieu of settlement between parties, joint memo is accepted.
5. The revision petition is disposed of in terms of joint memo. In view of disposal of the revision petition, the judgment of conviction and order of sentence passed in CC No.56414/2022 dated 14.11.2024 on the file of XXXIII ACJM, Mayo Hall Unit, Bengaluru City and Criminal Appeal No.25405/2024 dated 18.06.2025 on the file of LXXII Additional City Civil and Sessions Judge, Bengaluru (CCH-73) are set aside.
K B GEETHA
HC-KAR
The amount in deposit before trial Court be refunded to the complainant on proper identification.
(GEETHA K.B.) JUDGE
rs List No.: 1 Sl No.: 55
Digitally Signed By: K B GEETHA