Karnataka High Court
CRL.RP/574/2026 of SRI VIJAY NAIK Vs UDAY SHETTY on 17 July 2026
CNR: KAHC010243832026 NC: 2026:KHC:36658 CRL.RP No. 574 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.574 OF 2026 BETWEEN: SRI VIJAY NAIK AGED ABOUT 41 YEARS S/O PRABHAKAR
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.574 OF 2026
BETWEEN:
SRI VIJAY NAIK
AGED ABOUT 41 YEARS
S/O PRABHAKAR NAIK
RESIDLING AT MARJI
AJRI VILLAGE AND POST
KUNDAPURA TALUK
UDUPI DISTRICT-576283
…PETITIONER
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
AND:
UDAY SHETTY
S/O THEJAPPA SHETTY
AGED ABOUT 51 YEARS
RAT AJRI POST AND VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT
…RESPONDENT
(BY SRI. JEEVAN K, ADVOCATE)
This CRL.RP is FILED U/S. 438 r/w 442 of BNSS PRAYING
TO SET ASIDE THE JUDGMENT AND CONVICTION ORDER
DATED 12.02.2025 MADE IN C.C.NO.309/2023 BY THE II
ADDL. CIVIL JUDGE AND JMFC, KUNDAPURA AND etc
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
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
The petitioner and respondent are present before the Court.
2. The learned counsel for the respective parties filed I.A.No.2/2026 under Section 147 of N.I. Act read with Section 359 of BNSS stating that the petitioner and the respondent have settled the matter for a sum of Rs.2,35,000/- as full and final settlement. The petitioner has deposited an amount of Rs.2,02,500/- before the Trial Court. The petitioner has no objection to withdraw the said amount. The remaining amount of Rs.32,500/- is paid to the respondent and the same is acknowledged by the respondent.
3. With regard to the settlement, separate affidavits has been filed by the respective parties acknowledging the same. Hence, parties are permitted to compound the offence in view of the settlement between them and payment of
HC-KAR
amount. Hence, petitioner/accused is acquitted for the offence punishable under Section 138 of N.I. Act. Accordingly, the petition is disposed of.
4. The respondent is permitted to withdraw the amount in deposit before the Trial Court.
5. The petitioner is given time of two weeks to pay the fine of Rs.5,000/- before the Trial Court and directed to produce the receipt of the same within a week thereafter in the registry.
6. If the petitioner failed to produce the receipt for having paid the fine amount within the stipulated time in the registry, list the matter before the Court on 07.08.2026.
Sd/- (H.P.SANDESH) JUDGE
SN