- 1 - NC: 2025:KHC:13582 CRL.P No. 4973 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4973 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI THIMMAPPAIAH @ THIMMAIAH S/O LATE THIMMARAYE GOWDA AGED ABOUT 64 YEARS RESIDING AT NO: 3, 2ND CROSS C. L. RAMAIAH LAYOUT, SHAMPURA MAIN ROAD, BANGALORE - 560032. AND ALSO AT: SUPER FOOD BAZAAR, NO.32, S. J. COMPLEX, II MIAN ROAD, NEAR VAIBHAV THEATRE, SANJAYANAGAR MAIN ROAD, WARD NO. 19, NGEF LAYOUT, BANGALORE - 560094. …PETITIONER (BY SRI. ADITYA D., ADVOCATE) AND: 1. SRI. H. V. NAGARAJU. S/O LATE VENKATARAYAPPA, AGED ABOUT 65 YEARS, RESIDING AT: KOTHAKOTE VILLAGE, PARAGODU GRAMA PANCHAYATH, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:13582 CRL.P No. 4973 of 2022 KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT. …RESPONDENT (BY SRI. MAHESH. S., ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CONSEQUENTIAL PROCEEDINGS IN C.C.NO.30935/2011 FILED U/S 138 OF NEGOTIABLE INSTRUMENTS ACT BEFORE THE HONOURABLE COURT OF XVIII ADDL.C.M.M., BENGALURU AGAINST THE PETITIONER IN VIEW OF THE SETTLEMENT ENTERED BETWEEN THE PETITIONER AND RESPONDENT AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Proceedings in C.C.No.30935/2011 initiated by the respondent for the offence under Section 138 of the Negotiable Instrument Act ('for short NI Act') is sought to be quashed in this petition on the ground that there was a settlement entered between the petitioner and respondent as per Annexure-A. 2. The undisputed facts are that four complaints of same nature alleging offence Punishable under Section 138 of the NI Act, were filed by respondent/complainant, three before the Court of Civil Judge and JMFC at Bagepallli and one before - 3 - NC: 2025:KHC:13582 CRL.P No. 4973 of 2022 the 18th ACMM Court, Bengaluru, in respect of 4 cheques allegedly issued by the petitioner herein. 3. The contention of the learned counsel for petitioner is that on the strength of a compromise memo filed by the parties, wherein the parties settled all the 4 cases, the learned Magistrate at Bagepalli, vide order dated 13.01.2020 at Annexure-F, disposed of the matter in terms of the joint memo dated 16.07.2018 and therefore, continuation of proceedings is an abuse of process of the Court. 4. The learned counsel for respondent has disputed the payment of entire amount as per joint memo. It is contended that insofar as C.C.No.30935/2011 pending before the Court of XVIII ACMM Bengaluru is concerned, accused was convicted by the Trial Court against which an appeal was preferred before the Sessions Court and the said appeal was initially dismissed as not pressed, consequent to the joint memo, however, since the payment was disputed, the appellate Court, on an application filed by the petitioner, directed to put up the said appeal on the board. - 4 - NC: 2025:KHC:13582 CRL.P No. 4973 of 2022 5. The fact remains that the petitioner was convicted by the Trial Court in C.C.No.30935/2011, by the XVIII ACMM, Bengaluru. If there was any settlement in the said case, the same can be reported to the learned Sessions Judge in the appeal preferred by the petitioners. It is not disputed that the said appeal is taken on board and therefore, if there was any settlement, the parties are at liberty to report the settlement and get the matter closed before the said Court. The petitioner can bring to the notice of the learned Sessions Judge regarding settlement and joint memo filed by the parties. The Appellate Court shall consider the same while disposing of the said appeal and pass orders in accordance with law. With the said observation, petition is disposed of. 6. I.A.No.1/2024 is dispose of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 15