- 1 - NC: 2025:KHC:10918 CRL.RP No. 423 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 423 OF 2023 BETWEEN: SMT. M.P. SHAKUNTHALA, W/O. BASAVARAJU, AGED ABOUT 48 YEARS, R/AT PARISHRAMA, RAMAMANDIRA BEEDHI, 3RD CROSS, HOSAHALLI, MANDYA CITY, MANDYA DISTRICT 571 401 …PETITIONER (BY SRI. RAJA L., ADVOCATE) AND: SMT. NETHRA H., W/O. UDAY KUMAR, AGED ABOUT 49 YEARS, R/AT NO. 4798, BASAVESHWARA ROAD, N.R. MOHALLA, MYSURU 570 007 …RESPONDENT (BY SRI. ABHISHEK A., ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C PRAYING SET ASIDE THE JUDGMENT PASSED BY THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE AT Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10918 CRL.RP No. 423 of 2023 MYSURU IN CRL. APPEAL NO.269/2022 DATED 31-01-2023 AND ALSO PASSED BY THE IX ADDL. CIVIL JUDGE AND J.M.F.C MYSURU, AT MYSURU IN C.C.NO.935/2016 DATED 16-08-2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER The petitioner and respondent and their respective counsel are present. 2. A compromise petition is filed duly signed by both petitioner and respondent and their respective counsel under Section 147 of N.I Act. 3. It is submitted that the cheque amount is Rs.3,50,000/-. The matter is settled for Rs.2,45,000/- out of which Rs.1,75,000/- is already deposited and released in favour of respondent/complainant. Today the petitioner is issuing cheque for a sum of Rs.70,000/- and respondent/complainant reports the same. - 3 - NC: 2025:KHC:10918 CRL.RP No. 423 of 2023 4. As per paragraph No.7, the petitioner/accused has agreed to withdraw the case in C.C. No.687/2017 filed against the respondent/complainant. 5. The terms of the compromise reads as follows: 1. The petitioner herein has filed the above said Criminal Petition against the Respondent to set aside the judgment passed the learned 1st Additional District and Sessions Judge at Mysore in Criminal Appeal No.269/2022 dated 31.01.2023 and also passed by the IX Additional Civil Judge and JMFC Mysore in CC No.935/2016 dated 16.08.2022. 2. Now the petitioner and the Respondent have amicably settle the matter outside the Court on the advice of the elders and well-wishers. 3. Now the Petitioner and the Respondent have amicably settle the matter outside the Court for a total sum of Rs.2,45,000/- (Two Lakhs forty Five thousand Only). 4. The Respondent herein has already withdrawn the amount of Rs.1,75,000/- (One Lakhs Seventy Five Thousand Only) deposited by the Petitioner in the lower court. 5. Today the Petitioner has paid Rs.70,000/- (Seventy Thousand Only) through cheque No.000153 before this Hon'ble Court and the Respondent has acknowledged the - 4 - NC: 2025:KHC:10918 CRL.RP No. 423 of 2023 receipt Rs.70,000/- (Seventy Thousand Only) from the Petitioner as full and final settlement and agreed to withdrawn the case. 6. The Respondent has no objection to set aside the judgment passed the learned 1st Additional District and Sessions Judge at Mysore in Criminal Appeal No.269/2022 dated 31.01.2023 and also passed by the IX Additional Civil Judge and JMFC Mysore in CC No.935/2016 dated 16.08.2022. 7. The Respondent herein has agreed to withdrawn the case filed against the Respondent in CC No.687/2017 on the file of II Additional Civil Judge and JMFC Mandya for the offence punishable under Section 341, 323, 504, 506 of IPC and the Petitioner herein has promised the Respondent that she will not prosecute the case against Respondent in the above said case based on this terms and conditions the Petitioner and the Respondent have agreed to settled their dispute amicably. 6. The terms and conditions of the compromise petition are legal and equitable. Placing the joint memo on record, the revision petition stand disposed of in terms thereof. 7. In the light of the settlement entered into between the parties, the following: - 5 - NC: 2025:KHC:10918 CRL.RP No. 423 of 2023 ORDER i. The petition is allowed. ii. The impugned judgment and order dated 16.08.2022 in C.C.No.935/2016 on the file of IX Additional Civil Judge and JMFC, Mysuru, which is confirmed by the judgment and order dated 31.01.2023 in Crl.A.No.269/2022 on the file of I Addl.District and Sessions Judge, Mysuru are set aside. iii. The petitioner/accused is acquitted for the offence punishable under Section 138 of N.I Act. iv. However, it is made clear that if the amount as agreed in the joint memo is not paid, the order of the trial Court, which is confirmed by the First Appellate Court stands restored automatically and the - 6 - NC: 2025:KHC:10918 CRL.RP No. 423 of 2023 respondent/complainant is at liberty to proceed against the petitioner/accused in accordance with law. v. Amount in deposit is permitted to be withdrawn by the complainant under due identification (If already not withdrawn). Sd/- (J.M.KHAZI) JUDGE KBM List No.: 1 Sl No.: 35 CT:SNN