- 1 - NC: 2025:KHC:17241 CRL.A No. 352 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.352 OF 2023 BETWEEN: SRI. NAGABHUSHAN KUMAR B.S. S/O LATE SREEKANTA MURTHY S AGED ABOUT 64 YEARS R/AT NO.142-A 5TH A MAIN 6TH CROSS, 3RD BLOCK THYAGARAJANAGARA BANGALORE-560028. …APPELLANT (BY SRI. S. VISWESWARAIAH, ADV.,) AND: SRI. RATHAN K.G. S/O LATE GOPAL RAO K AGED ABOUT 56 YEARS R/AT NO.22/16, ATHREYA KORATI SRINIVASA RAO ROAD 2ND CROSS, 6TH MAIN M.G.K. MURTHY LAYOUT SAMEERPURA, CHAMARAJPET BANGALORE-560018. …RESPONDENT (BY SRI. VEDAVYASA RAO R.S. ADV.,) THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO CALL FOR RECORDS IN C.C.NO.4795/2021 ON THE FILE OF HON'BLE XVI ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU. SET ASIDE THE JUDGMENT PASSED BY THE HON'BLE XVI ACMM, BANGALORE DATED 14.12.2022 IN C.C.NO.4795/2021. CONSEQUENTLY CONVICT/PUNISH THE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17241 CRL.A No. 352 of 2023 RESPONDENT FOR THE OFFENCE P/U/S 138 OF N.I. ACT BY ALLOWING THE APPEAL & ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The appellant and the respondent are present. 2. Parties have filed an application under Section 147 of the Negotiable Instruments Act, 1881 (for short 'the NI Act'). In support of the application, affidavit is filed by the appellant. Parties have also filed joint memo wherein the respondent has agreed to pay a sum of Rs.10,00,000/- as full and final settlement as against Rs.35,00,000/-. The respondent today has paid a sum of Rs.2,00,000/- to the appellant by way of cash and has agreed to pay the remaining total sum of Rs.8,00,000/- through post dated cheques each cheque of Rs.30,000/- and also it is mentioned that if the post dated cheques are not honored and if it commits any default in payment as agreed above, the appellant is at liberty to recover the said amount through FLW and also execute NBW through Magistrate. - 3 - NC: 2025:KHC:17241 CRL.A No. 352 of 2023 3. In view of the application and the joint memo, the compromise entered into between the appellant and the respondent is accepted. In terms of the joint memo, application is allowed and the appeal is disposed of subject to payment as undertaken in the joint memo. In case of any single default, the appellant is given liberty to proceed against him as mentioned in the joint memo in clause No.4. The Accused is acquitted for the offence under Section 138 of N.I. Act subject to terms of Joint Memo by allowing the application filed under Section 147 of N.I. Act. Sd/- (H.P.SANDESH) JUDGE ABK List No.: 1 Sl No.: 64