CRL.RP/755/2026 of SRI. TEJAS. M. V. Vs SMT. RASHMI on 3 September 2026

ORAL ORDER

Sri Siddaramaiah V.B., learned counsel for the petitioner and Sri Dananjaya, learned counsel for respondent submit that the matter has settled before the Karnataka Mediation Centre.

2. Perused the Memorandum of Settlement filed under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The contents of Memorandum of Settlement reads as under: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

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I. The above revision petition is filed against the judgment dated 13.03.2026 made in Crl.A.No.84/2025 passed by I Additional District and Sessions Judge, Chitradurga whereby the learned judge had confirmed order dated 30.06.2025 passed by the Principal Civil Judge & JMFC, Chitradurga in C.C.No. 1254/2018.

II. Both parties state that on the basis of the postdated cheque for Rs.6,00,000/- (Rupees Six Lakhs Only) issued by the Petitioner/Accused herein, the Respondent/Complainant had filed complaint under section 200 Cr.P.C for an offence punishable under section 138 of N.I.Act. Upon contest the learned Trial Judge had convicted the Appellant/Accused under section 138 of N.I.Act and directed him to pay a sum of Rs.6,20,000/- (Rupees Six Lakhs Twenty Thousand Only) failing which to undergo simple imprisonment for six months. Against the said judgment the Petitioner/Accused had filed an appeal in Crl.A.No.84/2025 before the by I Additional District and Sessions Judge, Chitradurga and the Hon'ble Court was pleased dismiss the appeal confirming the order in C.C.No.1254/2018 by Principal Civil Judge & JMFC, Chitradurga. Against the said judgment the present Revision Petition is filed, which was referred to mediation for an amicable settlement.

III. During the course of mediation, the Petitioner/Accused and the Respondent/Complainant with the able assistance of their respective Advocates and after a thorough discussion, taking into consideration the outcome of the litigation, duration with uncertainty of the outcome and litigation expenses, have settled the matter and they have agreed to the following terms and conditions:

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1. In view of this settlement the Petitioner/Accused agrees to pay a total sum of Rs.4,80,000/- (Rupees Four Lakhs Eighty Thousand Only) to the Respondent/Complainant towards full and final settlement of all the claims of the Respondent/Complainant. The Respondent/Complainant has agreed for the same.

2. Out of the said agreed amount the Petitioner/Accused has no objection for the Respondent/Complainant to withdraw Rs.3,10,000/- (Rupees Three Lakhs Ten Thousand only) /- which was deposited by the Petitioner/Accused before the Trail Court.

3. The balance amount of Rs. 1,70,000/- (Rupees One Lakh Seventy Thousand only) shall be paid by the Petitioner/Accused to the Respondent/Complainant in five monthly installments on or before 10th of every month by way of online transfer to the account of Respondent/complainant vide A/c bearing No.909010045082112 at Axis Bank, IFSC Code: UTIB0001019 commencing from September to January 2027. The Petitioner/Accused has agreed to pay the first four installments each installment would carry for an amount of Rs.35,000/-(Rupees Thirty Five Thousand Only) and the last installment amount is Rs.30,000/- (Rupees Thirty Thousand Only) shall be paid to the Respondent/Complainant. The Respondent/Complainant has agreed for the same.

4. In the event of default in payment of any of the aforesaid instalments within the stipulated time, the benefit of the settlement amount of Rs.4,80,000/- shall stand withdrawn and the accused/revision

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petitioner shall be liable to pay a total sum of 26,00,000/- (Rupees Six Lakhs only), after giving credit to the amounts already paid or released to the complainant/respondent pursuant to this settlement.

5. The Accused/petitioner shall be at liberty to pay an amount higher than the stipulated monthly instalment, if he so desires, and any such excess payment shall be adjusted towards the outstanding balance amount, thereby reducing the balance payable under the settlement. However, the entire balance settlement amount shall be paid on or before 10.01.2027.

6. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this into this compromise in the aforesaid manner.

IV. In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to record settlement and dispose off the Revision Petition after the realization of the aforesaid agreed amount in terms of this agreement.

V. The parties agree to appear this Hon'ble Court whenever the matter is listed with their I.D. Proof."

3. In view of the settlement arrived between the parties, the matter is compounded. Accordingly, the Criminal Revision Petition is disposed of and the concurrent findings of the trial court and first appellate court is hereby set aside.

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4. The trial Court is directed to released the amount in deposit in favour of the respondent upon proper identification.

5. Registry is directed to send copy of this order along with the trial Court records. In view of the disposal of the criminal petition, pending applications, if any, do not survive for consideration and the same stand disposed off.

Sd/- (VENKATESH NAIK T) JUDGE

AM/List No.: 1 Sl No.: 25