- 1 - NC: 2025:KHC:12360 CRL.RP No. 212 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 212 OF 2023 (397(Cr.PC) / 438(BNSS)) BETWEEN: SRI RAMAMURTHY M S/O LATE MUNISWAMAIAH, AGED ABOUT 32 YEARS, R/O YERTHIGANAHALLI VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL-562110. ALSO AT SRI. RAMAMURTHY M, S/O LATE MUNISWAMAIAH, AGED ABOUT 32 YEARS, SALE EXECUTIVE BIMAL AUTO AGENCY INDIA PVT LTD., NO.60/3, NEW INTERNATIONAL AIRPORT ROAD, NEAR KENDRIYA VIHAR JUNCTION, YELAHANKA, BANGALORE-560064. …PETITIONER (BY SRI. VEERAYYA HIREMATH, ADVOCATE) AND: SRI NAVEEN KUMAR.S R/AT NO.89, DANDU CHIKKAN LAYOUT, NEAR AMRUTHAHALLI BUS STOP, AMRUTHAHALLI, BANGALORE-560092. …RESPONDENT (BY SMT. MEENAKSHI K, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12360 CRL.RP No. 212 of 2023 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT DATED 07.01.2023 PASSED BY THE LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-62) IN CRL.APPEAL NO.55/2022 AND CONSEQUENTIAL JUDGMENT DATED 14.12.2021 PASSED BY THE VI ADDL. JUDGE, COURT OF SMALL CAUSES AND ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY IN C.C.NO.3757/2018 AND ACQUIT THE ACCUSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER This petition is filed by the accused challenging his conviction and sentence for the offence punishable under Section 138 of N.I. Act, imposed by the trial Court, which came to be confirmed by the First Appellate Court by dismissing the appeal filed by him. 2. A compromise petition in the form of joint memo, duly signed by both petitioner/accused and respondent/complainant and their respective counsel is filed to the effect that parties have amicably settled the dispute between them. - 3 - NC: 2025:KHC:12360 CRL.RP No. 212 of 2023 3. Petitioner/accused and respondent/complainant admit the compromise. Respondent/complainant submits that he has no objection to allow the petition and acquit the accused. 4. The compromise petition (joint memo) reads as follows: "The petitioner and respondent most respectfully submits that both the parties arrived to compromise in the above case as under: 1. That the respondent has filed the complaint against the petitioner u/s 138 of NI Act in CC No.3757/2018 before the Trial Court. 2. That the Trial Court was pleased to convict the petitioner and sentencing him with a fine amount of Rs.5,05,000/- failing which he has to undergo simple imprisonment for a period of three months. Out of the said amount, Rs.5,000/- has to be paid as prosecution expenses under Section 357(1)(a) of Cr.P.C and Rs.5,00,000/- has to be paid to the complainant as a compensation amount under Section 357(1)(b) of Cr.P.C. [ 3. That petitioner feeling aggrieved by the said judgment has filed an appeal before First Appellate - 4 - NC: 2025:KHC:12360 CRL.RP No. 212 of 2023 Court in Crl.Appeal No.55/2022 the same came to be dismissed by confirming the trial Court judgment. 4. That petitioner feeling aggrieved by the said judgments dated 07.01.2023 and 14.12.2021 passed by the First Appellate Court and Trial Court in Crl.Appeal No.55/2022 and CC.No.3757/2018 has filed the above revision petition before this Hon'ble Court. 5. That this Hon'ble Court was pleased to order of suspension of sentence with condition to deposit 50% of fine amount to be deposited by the petitioner before the Hon'ble Trial Court and issue notice to respondent pursuant the direction, the petitioner has deposited an amount of Rs.2,52,500/- before the Hon'ble Trial Court and later the respondent has entered his appearance through counsel. 6. That now the matter is settled amicably for an amount of Rs.3,52,500/- out of the said fine amount of Rs.5,05,000/-. 7. That respondent is received an amount of Rs.1,00,000/- by way of cash today out of settled amount of Rs.3,52,500/- and remaining amount of Rs.2,52,500/- which is deposited by the petitioner before trial Court has to be released in favour of respondent. - 5 - NC: 2025:KHC:12360 CRL.RP No. 212 of 2023 Wherefore, we request that this Hon'ble Court may be pleased to accept the joint memo in the interest of justice and equity." 5. The terms and conditions of compromise petition are legal and equitable. The same are accepted and accordingly, following: ORDER (i) The petition filed under Section 397 r/w Section 401 Cr.P.C is allowed. (ii) The judgment and order dated 14.12.2021 in CC.No.3757/2018 on the file of VI Addl.Judge, Court of Small Causes and ACMM, Bengaluru and judgment and order dated 07.01.2023 in Crl.A.55/2022 on the file of LXI Addl. City Civil and Sessions Judge, Bengaluru, are set aside. (iii) Petitioner/accused is acquitted for the offence punishable under Section 138 of N.I. Act. - 6 - NC: 2025:KHC:12360 CRL.RP No. 212 of 2023 (iv) If the entire amount as agreed in the joint memo is paid, fine amount imposed by the trial Court, which is confirmed by the First Appellate Court to the extent of Rs.5,000/- towards defraying expenses of the State is hereby set aside. (v) Amount in deposit is permitted to be withdrawn by the respondent/complainant under due identification. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 37