Y.N. Narasimhareddy vs Harish Babu M.V.

V Srishananda, J

Case called out. Heard Sri Naveen Kumar P.L., learned counsel for the petitioner and Sri Murali M., learned counsel for respondent.

A memo dated 23.12.2025 came to be filed on behalf of the petitioner. The memo reads as under:

""The undersinged counsel for the petitioner respectfully submits as hereunder:

1) It is submitted that the above revision petition is filed challenging the Judgment dated 18-12-2024, passed by I Addl. Civil Judge and JMFC, Chikkaballapura in CC No.1522/2017 and the judgment dated 17-6-2025, passed in Crl. Appeal No.4/2025, by the III Addl. District and Sessions Judge, Chikkaballapura and this Hon'ble Court vide order dated 24.07.2025 stayed the judgment and sentence passed by courts below subject to deposit of 50% of fine amount including the amount already deposited if any, before trial court, within six weeks.

2) It is submitted that, due to financial difficulties the petitioner herein unable to mobilize the funds and failed to comply the order of this Hon'ble Court, with in time and hence the trial court was pleased to issue NBW/FLW against the petitioner and the same is executed on 08.12.2025 and now the petitioner is in judicial custody.

3) It is submitted that, the family members have arranged the fine amount and filed memo before trial court on 20/12/2025, but the trial court refused to accept the memo and pleased to reject the same, since the matter is pending before this Hon'ble Court.

4) It is submitted that the trial court was pleased to convict the petitioner and sentenced to pay fine of Rs.3.05,000/- and in default, to undergo simple imprisonment of six months and out of fine amount, the complainant shall be paid a sum of Rs.3,00,000/- as compensation and Rs.5000/- shall be paid to state as fine.

5) It is submitted that, in compliance of orders passed in Crl. Appeal No.4/2025, the petitioner herein deposited a sum of Rs.61,000/-before trial court on 20.03.2025 vide D.D.No. 711700 drawn on Karnataka Bank and today the petitioner is paying Rs.2,00,000/- by DD No.225355 dated 23/12/ 2025 drawn on Canara Bank and a sum of Rs.39,000/-by cash and the deposit amount of Rs.61.000/- before trial court may be ordered to release in favour of respondent/complainant and hence the petitioner herein complied the order of paying fine amount passed by the trial court and payment of fine to state may be exempted.

6) It is submitted that, since the petitioner paid the entire fine amount to the respondent/complainant and hence the conviction order passed against the petitioner in CC No.1522/2017 may be set aside and he may be ordered to release from the judicial custody.

Wherefore, the petitioner prays that this Hon'ble Court may be pleased to accept the memo and allow the revision petition and pass necessary orders, by acquitting the petitioner in CC No.1522/2017, for the offences punishable under Section 138 of N.I.Act, in the interest of justice."

As per the memo, a Demand Draft in a sum of Rs. 2,00,000/- (Rupees Two Lakh) has been tendered by the counsel for petitioner to the Counsel for respondent. Brother of the accused present before the Court. He tenders a cash of Rs.39,000/- to the counsel for respondent, which would cover the entire fine amount imposed by trial Magistrate including the sum of Rs.61,000/- which is in deposit before the trial Court. As such, the revision petition needs to be disposed of, as there is a payment of entire compensation amount as per the order of the trial Magistrate. The amount in deposit in a sum of Rs. 61,000/- is ordered to be withdrawn by the complainant under due identification.

In view of the settlement of the entire amount, accused-revision petitioner, namely Y. N. Narasimhareddy, who has been sent to prison by issuing the conviction warrant passed in CC No.1522/2017 in the Chickballapura Prison is ordered to be released forthwith.

Copy of this order shall be communicated to the prison authorities, Chickballapura by the Registrar (Judicial) of this Court and a copy thereof shall also be communicated to Jurisdictional Magistrate at Chickballapura by email.

Order accordingly.