- 1 - NC: 2025:KHC:10561 CRL.RP No. 320 of 2025 c/w CRL.RP No. 323 of 2025 CRL.RP No. 324 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 320 OF 2025 (397(Cr.PC) / 438(BNSS)) C/W CRIMINAL REVISION PETITION NO. 323 OF 2025 CRIMINAL REVISION PETITION NO. 324 OF 2025 CRIMINAL REVISION PETITION NO. 327 OF 2025 IN CRL.RP NO. 320/2025 BETWEEN: SRI PALRAJ S/O LATE GANAIAH AGED ABOUT 52 YEARS R/AT SAI KRUPA ENTERPRISES NO. 342, PARANATHI NILAYAM NEAR HDFC BANK BEHIND KEERTHI APARTMENT KRISHNAPPA LAYOUT, KADUGODI BELTHURU, BENGALURU-560 050 …PETITIONER (BY SRI. BALASUBRAMANYA B N, ADVOCATE) AND: SMT. NERELLA SRIVANI W/O N.SREENIVASALU, D/O LATE RADHAKRISHNA MURTHY AGED ABOUT 42 YEARS R/AT NO. 12, MANJUNATHA LAYOUT 1ST CROSS, BASAVANAPURA LAYOUT AYAPPANAGAR, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10561 CRL.RP No. 320 of 2025 c/w CRL.RP No. 323 of 2025 CRL.RP No. 324 of 2025 AND 1 OTHER K R PURAM, BENGALURU-560 067 …RESPONDENT (BY SRI.MANJUNATHA REDDY.K.G, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT DATED 03.12.2024 PASSED BY THE HONBLE LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-74) IN CRL.A NO.25109/2022 AND THE JUDGMENT DATED 21.04.2022 PASSED BY THE LEARNED XXXIII ACMM, BANGALORE IN C.C.NO.57052/2017, AND ACQUIT THE PETITIONER/ACCUSED. IN CRL.RP NO. 323/2025 BETWEEN: SRI PALRAJ S/O LATE GANAIAH AGED ABOUT 52 YEARS R/AT SAI KRUPA ENTERPRISES NO 342, PARANATHI NILAYAM NEAR HDFC BANK, BEHIND KEERTHI APARTMENT, KRISHNAPPA LAYOUT, KADUGODI, BELTHURU, BENGALURU-560050 ...PETITIONER (BY SRI. BALASUBRAMANYA B N, ADVOCATE) AND: SMT. NERELLA SRIVANI W/O N.SRINIVASALU, D/O LATE RADHAKRISHNA MURTHY AGED ABOUT 42 YEARS - 3 - NC: 2025:KHC:10561 CRL.RP No. 320 of 2025 c/w CRL.RP No. 323 of 2025 CRL.RP No. 324 of 2025 AND 1 OTHER R/AT NO. 12, MANJUNATHA LAYOUT 1ST CROSS, BASAVANAPURA LAYOUT AYAPPANAGAR, K R PURAM, BENGALURU-560 067 ...RESPONDENT (BY SRI.MANJUNATHA REDDY K.G, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT DATED 03.12.2024 PASSED BY THE HONBLE LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-74) IN CRL.A NO.25110/2022 AND THE JUDGMENT DATED 21.04.2022 PASSED BY THE LEARNED XXXIII ACMM, BANGALORE IN C.C.NO.54508/2018, AND ACQUIT THE PETITIONER/ACCUSED. IN CRL.RP NO. 324/2025 BETWEEN: SRI PALRAJ S/O LATE GANAIAH AGED ABOUT 52 YEARS R/AT SAI KRUPA ENTERPRISES NO 342, PARANATHI NILAYAM NEAR HDFC BANK, BEHIND KEERTHI APARTMENT, KRISHNAPPA LAYOUT, KADUGODI, BELTHURU, BENGALURU-560050 ...PETITIONER (BY SRI. BALASUBRAMANYA B N, ADVOCATE) - 4 - NC: 2025:KHC:10561 CRL.RP No. 320 of 2025 c/w CRL.RP No. 323 of 2025 CRL.RP No. 324 of 2025 AND 1 OTHER AND: SMT. NERELLA SRIVANI W/O SRINIVASALU, D/O LATE RADHAKRISHNA MURTHY AGED ABOUT 42 YEARS R/AT NO. 12, MANJUNATHA LAYOUT 1ST CROSS, BASAVANAPURA LAYOUT AYAPPANAGAR, K R PURAM, BENGALURU-560 067 ...RESPONDENT (BY SRI.MANJUNATHA REDDY K.G, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT DATED 03.12.2024 PASSED BY THE HONBLE LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-74) IN CRL.A NO.25108/2022 AND THE JUDGMENT DATED 21.04.2022 PASSED BY THE LEARNED XXXIII ACMM, BANGALORE IN C.C.NO.57051/2017, AND ACQUIT THE PETITIONER/ACCUSED. IN CRL.RP NO. 327/2025 BETWEEN: SRI PALRAJ S/O LATE GANAIAH AGED ABOUT 52 YEARS R/AT SAI KRUPA ENTERPRISES NO 342, PARANATHI NILAYAM NEAR HDFC BANK, BEHIND KEERTHI APARTMENT, KRISHNAPPA LAYOUT, KADUGODI, - 5 - NC: 2025:KHC:10561 CRL.RP No. 320 of 2025 c/w CRL.RP No. 323 of 2025 CRL.RP No. 324 of 2025 AND 1 OTHER BELTHURU, BENGALURU-560050 ...PETITIONER (BY SRI. BALASUBRAMANYA B N, ADVOCATE) AND: SMT. NERELLA SRIVANI W/O N. SREENIVASULU, D/O LATE RADHAKRISHNA MURTHY AGED ABOUT 42 YEARS R/AT NO. 12, MANJUNATHA LAYOUT 1ST CROSS, BASAVANAPURA LAYOUT AYAPPANAGAR, K R PURAM, BENGALURU-560 067 ...RESPONDENT (BY SRI.MANJUNATHA REDDY K.G, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT DATED 03.12.2024 PASSED BY THE HONBLE LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-74) IN CRL.A NO.25111/2022 AND THE JUDGMENT DATED 21.04.2022 PASSED BY THE LEARNED XXXIII ACMM, BANGALORE IN C.C.NO.54513/2018, AND ACQUIT THE PETITIONER/ACCUSED. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI - 6 - NC: 2025:KHC:10561 CRL.RP No. 320 of 2025 c/w CRL.RP No. 323 of 2025 CRL.RP No. 324 of 2025 AND 1 OTHER ORAL COMMON ORDER These petitions are 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 appeals filed by him. 2. A compromise petition under Section 147 of N.I. Act (I.A.No.2/2025), duly signed by both petitioner and respondent and their respective counsel is filed to the effect that parties have settled the same for a sum of Rs.12,56,000/-. A sum of Rs.3,56,000/- is already deposited before the trial Court and today 3 Demand Drafts for a sum of Rs.3,00,000/- each is being paid towards full and final settlement of the claim of the respondent/complainant. 3. Petitioner/accused and respondent/complainant admit the compromise. Respondent/complainant submits - 7 - NC: 2025:KHC:10561 CRL.RP No. 320 of 2025 c/w CRL.RP No. 323 of 2025 CRL.RP No. 324 of 2025 AND 1 OTHER that she has no objection to allow the petition and acquit the accused. 4. The relevant paragraphs of compromise petition reads as follows: "….. 4. The petitioner and the respondents have settled the claim put forward by the respondent. The petitioner has consented to pay the total sum of Rs.12,56,000/- twelve lakhs fifty six thousand, as full and final settlement. 5. The petitioner had deposited the following sums as shown below before the Trial Court in respect of the aforesaid all cases; Sl. No. Court Date Amount 1 XXXIII Additional Chief Metropolitan Magistrate Court, Bengaluru 27.09.2022 Rs.3,56,000/ - 6. In view of the arrangements made between the petitioner and the respondents, the respondents takes steps to withdraw the said sum from the Hon'ble Trial Courts and petitioner has no objection for the same. 7. The petitioner is ready to pay a balance amount of Rs.9,00,000/- today. - 8 - NC: 2025:KHC:10561 CRL.RP No. 320 of 2025 c/w CRL.RP No. 323 of 2025 CRL.RP No. 324 of 2025 AND 1 OTHER 8. The petitioner had issued the D.D. for a sum of Rs.9,00,000/- Lakhs each 3,00,000/- dated 28.02.2025 vide D.D. bearing No.744604, 744605, 744606 drawn on Punjab National Bank, Benglauru. 9. The petitioner has paid in all Rs.12,56,000/- twelve lakhs fifty six thousand, to the respondent as full and final settlement in respect of all four cases." 5. The terms and conditions of compromise petition are legal and equitable. The same are accepted and accordingly, following: ORDER (i) The petitions filed under Section 397 r/w Section 401 Cr.P.C are allowed. (ii) The judgment and order dated 21.04.2022 in C.C.57052/2017, 57051/2017, 54508/2018 and 54513/2018 on the file of XXXIII ACMM, Bengaluru, which is confirmed in Crl.A.25109/2022, 25108/2022, 25110/2022, and - 9 - NC: 2025:KHC:10561 CRL.RP No. 320 of 2025 c/w CRL.RP No. 323 of 2025 CRL.RP No. 324 of 2025 AND 1 OTHER 25111/2022, respectively, on the file of LXXIII 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. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 14