- 1 - NC: 2025:KHC:11522 CRL.RP No. 621 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 621 OF 2023 (397(Cr.PC) / 438(BNSS)) BETWEEN: SRI. MANJUNATH M S/O LATE MURTHY, AGED ABOUT 42 YEARS, R/AT NO.124/1, SHIVAKOTE VILLAGE AND POST, BENGALURU RURAL DISTRICT, BENGALURU-560089 …PETITIONER (BY SRI. NINGARAJA M N, ADVOCATE) AND: SRI S RAMAKRISHNA S/O SIDDAPPA, AGED ABOUT 43 YEARS, R/AT NO.8/2, MUNESHWARA "C" BLOCK, STEP DOWN, MATADAHALLI, R.T.NAGAR, BENGALURU-560032 …RESPONDENT (BY SRI. NARAYANA SWAMY P M, ADVOCATE) 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 AND ORDER OF CONFIRMING CONVICTION DATED 18.03.2023 PASSED IN CRL.A.NO.2547/2019 ON THE FILE OF LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:11522 CRL.RP No. 621 of 2023 BENGALURU (CCH-57) AND SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY THE LEARNED XV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN C.C.NO.25047/2018 ORDER DATED 13.11.2019 AND ACQUIT THE REVISION PETITIONER FOR THE OFFENCE P/U/S.138 OF NI ACT BY ALLOWING THE ABOVE REVISION PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Petitioner/accused, respondent/complainant and their respective counsel are present. 2. 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. 3. A compromise 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. - 3 - NC: 2025:KHC:11522 CRL.RP No. 621 of 2023 4. Petitioner/accused and respondent/complainant admit the compromise. Respondent/complainant has no objection to allow the petition and acquit the petitioner/accused. 5. The cheque involved is for Rs.3,00,000/-. The trial Court has imposed fine of Rs.3,10,000/-. Out of it, Rs.3,05,000/- is ordered to be paid to the complainant by way of compensation and remaining Rs.5,000/- to be forfeited to the State. 6. Now the parties have settled the dispute for Rs.1,55,000/-. Out of this, a sum of Rs.60,000/- is deposited when appeal was filed. The same is already withdrawn by the complainant. Petitioner/accused has deposited Rs.95,000/- as per order of this Court. He is not having objections for the complainant to withdraw the same. In this manner settled amount is already deposited. 7. In the light of the settlement entered in to between the parties, the following: - 4 - NC: 2025:KHC:11522 CRL.RP No. 621 of 2023 8. The terms and conditions of compromise petition are legal and equitable. In the result the following: ORDER (i) The petition filed under Section 397 r/w Section 401 Cr.P.C is allowed. (ii) The judgment and order dated 13.11.2019 in CC.No.25047/2018 on the file of XV ACMM, Bengaluru and judgment and order dated 18.03.2023 in Crl.A.2547/2019 on the file of LVI 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. (iv) Respondent/complainant is permitted to withdraw the amount in deposit. - 5 - NC: 2025:KHC:11522 CRL.RP No. 621 of 2023 (v) If the entire amount as agreed in the compromise 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. (vi) The Registry to send a copy of this order through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 10