- 1 - NC: 2025:KHC:10497 CRL.RP No. 357 of 2025 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. 357 OF 2025 (397(Cr.PC) / 438(BNSS)) BETWEEN: MANJUNATH SINGH S/O RAMSINGH, AGED ABOUT 46 YEARS, R/AT RAGUTTAHALLI VILLAGE, AMBAJIDURGA HOBLI, CHINTAMANI TALUK-563128 CHIKKABALLAPURA DISTRICT …PETITIONER (BY SRI.PRITHIVIRAJ SHASTRY.G, ADVOCATE FOR SRI. G.BALAKRISHNA SHASTRY, ADVOCATE) AND: RAVINDRANATH DEAD BY HIS LRS SMT. VANI W/O LATE RAVINDRANATH, AGED MAJOR, RMP DOCTOR, R/AT WARD NO.21, RAILWAY STATION ROAD, CHINTAMANI TOWN-563125 …RESPONDENT (BY SRI.SANDESH.P.NADIGER, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10497 CRL.RP No. 357 of 2025 THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DATED 04.05.2024 PASSED IN CRL.A NO.28/2021 BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, SITTING AT CHINTAMANI CONFIRMING THE JUDGMENT AND SENTENCE DATED 15.03.2021 PASSED IN CC NO. 519/2018 BY THE PRINCIPAL CIVIL JUDGE AND JMFC IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, 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. It is submitted by the learned counsel representing both parties that the petitioner/accused is taken to judicial custody and after he is taken to judicial custody, entire fine amount is paid to the respondent/complainant and therefore, the parties have entered into a compromise - 3 - NC: 2025:KHC:10497 CRL.RP No. 357 of 2025 3. A joint memo is filed duly signed by both advocates for petitioner and respondent to the effect that respondent/complainant has received cheque amount of Rs.1,50,000/- from the accused. The accused has also deposited fine of Rs.10,000/- before the trial Court. Learned counsel for respondent/complainant admit the same. It is submitted that in addition to imposing fine of Rs.1,60,000/-, the petitioner/accused is also sentenced to undergo simple imprisonment for one year and in the light of the settlement between the parties, the sentence of imprisonment may be set aside. Learned counsel for respondent/complainant submits that he has no objections to modify the impugned judgment and order by setting aside the sentence of imprisonment. 4. In the light of the payment of entire fine amount and settlement entered in to between the parties, judgment and order dated 15.03.2021 in C.C.No.519/2018 passed by the trial Court may be modified by setting aside the sentence of imprisonment for one year. 5. In the light of settlement entered in to between the parties, the following: - 4 - NC: 2025:KHC:10497 CRL.RP No. 357 of 2025 ORDER (i) Petition is allowed. (ii) The impugned judgment and order dated 15.03.2021 in C.C.No.519/2018 on the file of Prl.Civil Judge and JMFC, Chintamani and judgment and order dated 04.05.2024 in Crl.A.No.28/2021 on the file of II Addl.District and Sessions Judge, Chikkaballapur, sitting at Chintamani are confirmed. However, sentence of imprisonment of one year is set aside, since the entire fine amount is paid to the respondent/complainant. (iii) Petitioner is ordered to be released forthwith, if his presence is not required in any other case. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 20