Karnataka High Court
CRL.RP/307/2023 of B R GANGADHARNAIKA Vs V SUBBARAJU on 15 July 2026
CNR: KAHC010124082023 NC: 2026:KHC:36206 CRL.RP No. 307 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.307 OF 2023 BETWEEN: 1. B.R. GANGADHARNAIKA S/O LATE RAJA NAIKA AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.307 OF 2023
BETWEEN:
1.
B.R. GANGADHARNAIKA
S/O LATE RAJA NAIKA
AGED ABOUT 39 YEARS
POINTS MEN, S.M.R. OFFICE
RAILWAY STATION, ARSIKRERE.
…PETITIONER
(BY SRI. LOKESH KUMAR K.S., ADVOCATE)
AND:
1.
V. SUBBARAJU
S/O VENKATADRI
AGED ABOUT 61 YEARS
POINTS MEN, NO.234, J.
NEAR RAILWAY HOSPITAL
RAILWAY QUARTERS
ARSIKERE-573 103.
…RESPONDENT
(BY SRI. SHIVAKUMAR V., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
23.12.2022 PASSED BY THE II ADDL. DISTRICT AND SESSION
JUDGE, HASSAN IN CRL. APPEAL NO.110/2022 PARTLY
ALLOWED AND MODIFIED THE TRIAL COURT ORDER BY
REDUCING THE SENTENCE FROM 7,00,000/- TO 4,50,000/- AND IN DEFAULT, HE SHALL UNDERGO SIMPLE IMPRISONMENT
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
FOR 3 MONTHS AGAINST THE ORDER OF CONVICTION DATED
06.06.2022 PASSED IN C.C.NO.170/2018 ON THE FILE OF
ADDITIONAL CIVIL JUDGE AND JMFC AT, ARSIKERE, SEEKING
FOR DISMISSING THE COMPLAINT OF THE RESPONDENT /
COMPLAINANT.
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 parties and respective counsels for the parties are present before the Court.
2. Learned counsels for both the parties have filed a joint memo and the matter is settled for an amount of Rs.3,50,000/-. The amount in deposit before the Trial Court is to the tune of Rs.2,25,000/- which is ordered to be released in terms of the settlement in favour of the complainant- respondent on proper identification. The balance amount of Rs.1,25,000/- is payable in two installments. The first installment of Rs.75,000/- will be paid by way of Demand Draft in favour of the respondent-complainant on 05.08.2026 and second installment of Rs.50,000/- also would be paid on 03.09.2026 by way of Demand Draft.
HC-KAR
3. The joint memo is taken on record.
4. If the petitioner-accused violates the terms of the joint memo, liberty is reserved to the complainant-respondent to recover the entire amount as imposed by the First Appellate Court.
5. The petitioner is also directed to pay the amount of Rs.10,000/- within two weeks which shall vest with the State, if the petitioner fails to deposit the amount and produce the receipt in the Registry, list this matter before the Court on 06.08.2026.
6. In view of the joint memo filed by the parties, the petitioner is acquitted for the offence punishable under Section 138 of N.I. Act, subject to payment of installments as agreed.
In terms of the joint memo, the revision petition stands disposed of.
Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 17