Karnataka High Court
CRL.RP/441/2022 of SMT JAYANTHI Vs M/S SHREE MAHALAS TRADERS on 21 July 2026
CNR: KAHC010130492022 NC: 2026:KHC:37396 CRL.RP No. 441 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.441 OF 2022 BETWEEN: 1. SMT. JAYANTHI W/O YOGISH AGED ABOUT 52 YEARS
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.441 OF 2022
BETWEEN:
1.
SMT. JAYANTHI
W/O YOGISH
AGED ABOUT 52 YEARS
PROPRIETOR OF SRI DURGA TRADERS
JAMES COMPUND, KODAVOORU, UDUPI
DO GIRIJA POOJARTHI
W/O YOGESH
R/O SANNIDHI, KOPPALATHOTA
KODAVOOR WARD
UDUPI TALUK AND DISTRICT-576 106.
…PETITIONER
(BY SRI. GANESHA R.,ADVOCATE)
AND:
1.
M/S. SHREE MAHALAS TRADERS
MAHALASA KRIPA SANYASIMUTT ROAD
PADUTHONSE, KEMMANNU POST
UDUPI TALUK,
REPRESENTED BY ITS PROPRIETOR
MR. AJITH PAI
S/O LATE T. GOVINDARAYA PAI
AGED ABOUT 42 YEARS
R/AT NARAYANI SANYASIMUTT ROAD
PADUTHONSE, KEMMANNU POST
UDUPI TALUK DISTRICT-576 101.
…RESPONDENT
(BY SRI. MOHANKUMARA D., ADVOCATE)
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
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THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
28.01.2022 PASSED BY THE PRL. DISTRICT AND SESSIONS
JUDGE, UDUPI IN CRL.A.NO.1/2018 WHEREBY CONFIRMED THE
JUDGMENT AND ORDER OF CONVICTION DATED 18.12.2017
PASSED BY THE COURT OF THE III ADDL. CIVIL JUDGE AND
JMFC, UDUPI IN C.C.NO.2283/2013 AND TO ACQUIT THE
ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I ACT BY
DISMISSING THE COMPLAINT FILED BY THE RESPONDENT IN
C.C.NO.2283/2013 ON THE FILE OF THE III ADDL. CIVIL
JUDGE AND JMFC, UDUPI.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
Both the complainant and accused are present before the Court along with their respective counsel.
2. Both the parties have filed the joint memo. In terms of the joint memo, matter is settled for an amount of Rs.15,00,000/-. The petitioner has already paid an amount of Rs.10,00,000/- to the respondent-complainant by account transfer and the respondent-complainant has acknowledged the same.
3. The petitioner has also deposited an amount of Rs.2,00,000/- before the Trial Court and same is also
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withdrawn by the respondent-complainant. The balance amount of Rs.3,00,000 is payable to the respondent-complainant and the petitioner has agreed to pay the said amount on or before 21.10.2026. If the petitioner fails to pay the amount within the said period, the respondent-complainant is at liberty to take necessary legal action against the petitioner as per law. The parties have also understood the terms of compromise and complainant-respondent, who is present before the Court also confirms the settlement and receipt of amount of Rs.10,00,000/- and Rs.2,00,000/- and he is yet to receive only remaining amount of Rs.3,00,000/- as per the joint memo.
4. The petitioner is also directed to pay the amount of Rs.5,000/- as ordered by the Trial Court within 2 weeks from today which shall vest with the State and produce the receipt for having paid the amount within 1 week thereafter. If the said amount is not paid and receipt is not produced in the Registry, list the matter before this Court on 11.08.2026. Accordingly, the revision petition is disposed of. The revision petitioner is acquitted for the offence under Section
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138 of N.I. Act, subject to payment of Rs.3,00,000/- as undertaken in the joint memo. Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 19