- 1 - HC-KAR NC: 2025:KHC:20669 CRL.P No. 2633 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2633 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: CHANDRAHASA H. S., S/O SOMEGOWDA, AGED ABOUT 53 YEARS, EMPLOYEE NO 496, WORKING AT M/S AUTOMATIVE AXELS OFFICE, HUNSURU MYSURU ROAD, MYSURU DIST. – 570 006 …PETITIONER (BY SRI. SYED AKBAR PASHA, ADVOCATE) AND: VENKATESHACHARY, S/O LATE SANNACHARY AGED ABOUT 51 YEARS, R/O NO 665 SURYADEVA STREET, HOSABEEDI HINKAL, MYSURU DIST. – 570 017 …RESPONDENT (BY SRI. MOHANA KUMARI B. V., ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE JUDGMENT PASSED BY THIS HON’BLE COURT IN CRL.R.P NO.142/2022 DATED 22.11.2024, CONFIRMING THE JUDGMENT OF CONVICTIONS PASSED BY II ADDL. SESSIONS JUDGE MYSURU IN CRL. APPEAL NO 294/2019 DATED 07.09.2021 AND THE JUDGMENT OF CONVICTION PASSED BY PRINCIPAL I CIVIL JUDGE AND JMFC MYSURU IN CC NO. 1529/2013 DATED 05.09.2019 AND PLEASE TO ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20669 CRL.P No. 2633 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “ The petitioner most respectfully prays to this Hon’ble Court may kindly be pleased to quash the judgment passed by this Hon’ble Court in Crl.Rev Pet No.142/2022 dated 22.11.2024, confirming the judgment of convictions passed by II Addl. Sessions Judge, Mysuru in Crl.Appeal No.294/2019 dated 07.09.2021 and the judgment of conviction passed by Principal I Civil Judge and JMFC Mysuru in C.C.No.1529/2013 dated 05.09.2019 and please to acquit the petitioner in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused and learned counsel for the respondent – complainant have filed an application under Section 147 of NI Act along with their respective affidavits duly signed by the petitioner, respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused, respondent and their counsel are physically present before the Court and they admit the contents of the application along with affidavits, which reads as under:- - 3 - HC-KAR NC: 2025:KHC:20669 CRL.P No. 2633 of 2025 “APPLICATION UNDER SECTION 147 OF NI ACT That the petitioner most respectfully submits to this Hon'ble Court as under:- 1. It is submitted that the petitioner and the respondent had amicably agreed to compromise the matter wherein the petitioner has agreed pay the amount as directed by the this Hon'ble Court in Crl Rev Pet No 142/2022 dated 22-11-2024, ie is sum of Rs 3,25,000/- That the respondent had agreed to receive the same and on receipt of payment the respondent has no objection to set aside the judgment conviction passed by the learned Trial Court and confirmed by the 1st appellate Court and subsequently by this Hon'ble Court in Crl Rev Pet No 142/2022 dated 22-11-2024. 2. It is submitted that the petitioner had already deposited sum of Rs 1,65,000/- before the learned Trial Court during the pendency of proceedings, the same amount ordered to be released in favor of respondent, and further the petitioner today paying remaining amount of Rs 1,60,000/- in cash before this Hon'ble Court to the respondent. The respondent has confirmed the receipt of the same. Respondent will not do any Money lending activity, I have not paid any interest to him. 3. It is submitted that the conviction judgments passed by the learned Courts bellow and the same is confirmed by this Hon'ble Court is not set aside, it will - 4 - HC-KAR NC: 2025:KHC:20669 CRL.P No. 2633 of 2025 greatly damage the service / job of the petitioner, therefore the petitioner is before this Hon'ble Court, praying to set aside the judgments of conviction. 4. It is submitted section 138 of NI Act is compoundable offence under section 147 of NI Act, therefore please to interfere. Wherefore the petitioner and respondent most respectfully prays to this Hon'ble Court may kindly be please to set aside the judgment passed by this Hon'ble Court in Crl Rev pet No 142/2022 dated 22-11-2024, modifying and confirming the judgment of convictions passed by II Addl Sessions Judge Mysuru in Crl Appeal no 294/2019 dated 07-09-2021 & the judgment of conviction passed by Principal I Civil Judge & JMFC Mysuru in CC No 1529/2013 dated 05-09-2019 and please to acquit the petitioner in the interest of justice and equity. AFFIDAVIT OF PETITIONER I Chandrahasa H.S. S/o Somegowda, Aged about 53 years, Employee No 496, Working at M/S Automative Axels, Office Hunsuru, Mysuru Road. Mysuru Dist, today at Bengaluru do hereby solemnly states on oath as follows:- 1. I state that I am the petitioner in the above case, I know the facts of the case, hence I swear to this affidavit. 2. I state that the averments made at para 1 to 4 of accompanying application are true and correct and made on my information. - 5 - HC-KAR NC: 2025:KHC:20669 CRL.P No. 2633 of 2025 3. I state that I have been convicted for the offences punishable under section 138 of NI Act, and sentenced to pay the fine which judgments of the conviction are confirmed by this Hon'ble Court in Crl Rev Pet No 142/2022 dated 22-11-2022 reducing the fine amount to sum of Rs 3,25,000/-. Respondent will not do any Money lending activity. I have not paid any interest to him. 4. I state that with the intervention of the elders and well-wishers, myself and respondent have amicably settle the matter and I have agreed to pay the amount as order by this Hon'ble Court ie is sum of Rs 3,25,000/-and the respondent has agreed to receive the same and has no objection to set aside the judgment of the conviction. Wherefore I respectfully prays to this Hon'ble Court may kindly be please allow the accompanying application in the interest of justice and equity. AFFIDAVIT OF RESPONDENT I Venkateshachary S/o Late Sannachary, Aged about 51 years, R/o No 665 Suryadeva Street, Hosabeedi Hinkal, Mysuru Dist, today at Bengaluru do hereby solemnly states on oath as follows:- 1. I state that I am the respondent in the above case, I know the facts of the case, hence I swear to this affidavit. - 6 - HC-KAR NC: 2025:KHC:20669 CRL.P No. 2633 of 2025 2. I state that the averments made at para 1 to 4 of accompanying application are true and correct and made on my information. 3. I state that the petitioner has been convicted for the offences punishable under section 138 of NI Act, and sentenced to pay the fine, which judgments of the conviction are confirmed by this Hon'ble Court in Crl Rev Pet No 142/2022 dated 22-11-2022 reducing the fine amount to sum of Rs 3,25,000/-. 4. I state that we have amicably settle the matter with petitioner, and I have no objection to set aside the judgment of convictions passed by the learned Trial Court, 1st appellate Court and subsequently modified and confirmed by this Hon'ble Court, and I have agreed to receive the amount as order by this Hon'ble Court ie is sum of Rs 3,25,000/- and the petitioner has paid the amount of Rs 1,60,000/- today before this Hon'ble Court and has agreed to withdraw the amount of Rs 1,65,000/- deposited before the learned Trial Court during the pendency of the cases. Wherefore I respectfully prays to this Hon'ble Court may kindly be please allow the accompanying application in the interest of justice and equity.” 4. As can be seen from the aforesaid joint memo, out of total settlement amount of Rs.3,25,000/-, the petitioner has paid a - 7 - HC-KAR NC: 2025:KHC:20669 CRL.P No. 2633 of 2025 sum of Rs.1,60,000/- to the respondent today, who hereby acknowledges the receipt of said amount. The balance amount of Rs.1,60,000/- has been deposited by the petitioner before the Trial Court and the petitioner has no objection for the said amount to be released in favour of the respondent. 5. In view of the aforesaid joint settlement arrived at between the parties, the impugned judgment of conviction dated 05.09.2019 passed in C.C.No.1529/2013 on the file of Principal I Civil Judge and JMFC, Mysuru, the order dated 07.09.2021 passed in Criminal Appeal No.294/2019 on the file of II Additional Sessions Judge, Mysuru and the order of this Court dated 22.11.2024 in Criminal Revision Petition No.142/2022 deserves to be set aside in terms of the application filed under Section 147 of the Negotiable Instruments Act. 6. In view of the aforesaid settlement entered into between the petitioner and the respondent, I pass the following: - 8 - HC-KAR NC: 2025:KHC:20669 CRL.P No. 2633 of 2025 ORDER (i) The petition is allowed and disposed of in terms of application under Section 147 of NI Act duly filed along with affidavits of petitioner and respondent. (ii) The impugned judgment of conviction dated 05.09.2019 passed in C.C.No.1529/2013 on the file of Principal I Civil Judge and JMFC, Mysuru, the order dated 07.09.2021 passed in Criminal Appeal No.294/2019 on the file of II Additional Sessions Judge, Mysuru and the order of this Court dated 22.11.2024 in Criminal Revision Petition No.142/2022 are hereby set aside. (iii) Consequently, the proceedings in C.C.No.1529/2013 registered for the offences punishable under Section 138 of Negotiable Instruments Act, 1881, pending on the file of Principal I Civil Judge and JMFC, Mysuru insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 13