SRI. SULTHAN SALAUDDIN vs SRI. LAYEEQUR RAHAMAN KHAN
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:56090
CRL.RP No. 38 of 2026
CNR: KAHC010015592026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE GEETHA K.B.
CRIMINAL REVISION PETITION NO. 38 OF 2026
(397(Cr.PC)/438(BNSS))
BETWEEN:
1.
SRI. SULTHAN SALAUDDIN
SON OF SRI. ABDUL WAHAB
AGED ABOUT 36 YEARS
RESIDING AT NO. 21/3, 1ST CROSS
NEW GURAPPANA PALYA
BTM LAYOUT 1ST STAGE
BENGALURU 560 029.
…PETITIONER
(BY SRI. SYED SALMAN,ADVOCATE)
AND:
1. SRI. LAYEEQUR RAHAMAN KHAN
SON OF PACHA ABDUS SUBHAN
AGED ABOUT 45 YEARS
RESIDING AT NO.67, FRUIT STREET
ARMSTRONG ROAD CROSS
BENGALURU.
…RESPONDENT
(BY SRI. VENKATESHA,ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED
U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY
BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56090
CRL.RP No. 38 of 2026
CNR: KAHC010015592026
DATED 17-10-2025 PASSED IN CRL. APPEAL NO.10/2024 BY
THE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-65)
BY CONFIRMING THE JUDGMENT AND ORDER IN
C.C.NO.18818/2019 ON THE FILE OF THE LEARNED XIII ADDL.
CHIEF METROPOLITAN MAGISTRATE, BENGALURU DATED 01-
12-2023 AND ACQUIT THE PETITIONER FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE
INSTRUMENTS ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE GEETHA K.B.
ORAL ORDER
Even though the matter is listed for admission, with
the consent of both parties, the same is taken for final
disposal.
2. Both the parties present and are identified by
their respective counsels.
3. Both the sides have filed joint memo stating
that parties have settled the dispute and prays for disposal
of the case in accordance with the joint memo.
4. The relevant terms and conditions of joint
memo is extracted as follows:
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56090
CRL.RP No. 38 of 2026
CNR: KAHC010015592026
i. The above petition filed by the petitioner against
order dated passed by the Addl. City Civil and
Sessions Judge at Bengaluru (CCH-65) in Crl.
Appeal No.09/2024, confirming the order dated
01/12/2023 passed by the 13th ACMM at
Bangalore in C.C.No.18816/2019.
ii. It is further submitted that well-wisher of the
petitioner and respondent advised the parties to
settle the disputes between them. Hence, the
petitioner and respondent have decided to settle
the above case in an amicable manner.
iii. The respondent has filed the case against the
petitioner in O.S.No.6731 of 2019, before the
Hon'ble Addl. City Civil and Sessions Judge at
Bengaluru (CCH-31) and the said suit came to
be decreed on 30/09/2024 by it judgment and
decree by merits. The petitioner challenging the
said judgment and decree, before the Hon'ble
High Court of Karnataka, Bengaluru in RFA
No.997 of 2025 and the same is pending for
consideration.
iv. The petitioner further submits that as per the
order of Hon'ble High Court of Karnataka,
Bangalore in RFA No.997 of 2025 the appellant is
deposited a part of decree amount a total sum of
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56090
CRL.RP No. 38 of 2026
CNR: KAHC010015592026
Rs.33,00,000/- (6,50,000/- +6,50,000/-
+10,00,000/- +10,00,000/-) on different dates
before the Hon'ble High Court of Karnataka at
Bengaluru in RFA No.997/2025, the petitioner
have no objections to withdraw the said amount
by respondent and appropriate the said sum
towards part of this settlement.
v. The respondent filed Ex.Petition No.933/2025 for
recovery of decree amount and the same is
pending before the Addl. City Civil Judge at
Bangalore (CCH-31) and CC No.8672/2022 is
also filed by the respondent and same is also
pending for consideration before the Addl.
Judicial Magistrate at Bangalore. That the
respondent has agreed to withdraw these cases
as per this settlement.
vi. The petitioner has agreed to pay a total amount
a sum of Rs.47,25,000/- (Rupees Forty seven
lakhs twenty five thousand only) and petitioner
accused already deposited a different dates a
total sum of Rs.14,50,000/- (Rupees Fourteen
Lakhs fifty thousand only), before the Hon'ble
13th A.C.M.M. at Bangalore. The respondent
already received Rs.6,00,000/- (Rupees Six
lakhs only) as per the orders of Hon'ble Addl.
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56090
CRL.RP No. 38 of 2026
CNR: KAHC010015592026
City Civil and Sessions Judge at Bengaluru (CCH-
65). The petitioner had no objections to
withdraw the remaining deposited amount by the
respondent and appropriate the said sum
towards this settlement.
vii. The respondent has filed another case against
the petitioner in C.C.No.18818/2019 before the
13th ACMM at Bangalore and the said case the
petitioner have been convicted by its order dated
01/12/2023, thereafter the petitioner challenging
the said order by filing Crl.Appeal No.10 of 2024,
before the Addl. City Civil and Sessions Judge,
Bengaluru (CCH-65) and the same came to be
dismissed on 17.10.2025 and confirming the
order dated 01.12.2023 passed by the 13th
ACMM at Bangalore in C.C.No.18818/2019.
Then the petitioner filed Crl.R.P.No.38 of 2026
and the same is also pending for consideration
and the same is also settling by the both parties
as per a separate joint memo.
viii. The petitioner is undertakes to repay the balance
amount a sum of Rs.14,60,000/- (Rupees Fifteen
Lakh Sixty thousand only) 27.12.2026 through
by way of cheque bearing No.016999, drawn on
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56090
CRL.RP No. 38 of 2026
CNR: KAHC010015592026
ICICI Bank, BTM 2nd Stage Branch in favour of
respondent.
ix. The respondent has agrees that after the receive
the settlement amount from the petitioner had
not filed any case against the petitioner in the
future in respect of this subject matter. That the
petitioner has also agree he has not filed any
case against the respondent in future in respect
this subject matter.
5. In pursuance of the settlement between parties,
today the respondent reports receipt of cheque bearing
No.0117001 drawn on ICICI Bank BTM second stage
Rs.
branch for a sum of 14,60,000/- (Rupees Fourteen
lakhs sixty thousand only) dated 27/03/2027 towards full
and final settlement of this case.
6. On enquiry and perusal of joint memo and
records, it is noted that the settlement between parties is
voluntary and lawful one and the said memo is accepted.
7. Hence, this Court passes the following:
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56090
CRL.RP No. 38 of 2026
CNR: KAHC010015592026
ORDER
i. The revision petition is disposed of in terms of joint
memo.
ii. The respondent is permitted to withdraw the amount
already in deposit before the trial Court and also in
RFA No.997/2025.
Digitally Signed By:
K B GEETHA
(GEETHA K.B.)
JUDGE
SSD
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