- 1 - NC: 2025:KHC:10655 CRL.RP No. 1040 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1040 OF 2022 (397(Cr.PC) / 438(BNSS)) BETWEEN: K N NAGESH AGED ABOUT 41 YEARS S/O MR.NARAYANA REDDY NO.1, GOVINDA REDDY BUILDING, OPP. SRINIDHI BAKERY, KUDLU MAIN ROAD MADIWALA POST, BENGALURU - 560068 EARLIER AT NO.227, 1ST FLOOR MAHAVEERA SEASONS, 24TH MAIN, HSR LAYOUT SARJAPURA MAIN ROAD BENGALURU - 560034 …PETITIONER (BY SRI.SATYANARAYANA.S.CHALKE, ADVOCATE) AND: MR PRADEEP KUMAR AGED ABOUT 55 YEARS S/O MR.M RAMAMURTHY R/AT NO.408/A, 18TH MAIN 24TH CROSS, 3RD SECTOR, HSR LAYOUT, BENGALURU - 560102 …RESPONDENT (BY SRI. KAMALJI M, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10655 CRL.RP No. 1040 of 2022 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 OF CONVICTION AND SENTENCE DATED 18.11.2017 IN C.C.NO.52521/2014, ORDER PASSED BY THE LEARNED I/C LVII ACMM, MAYO HALL UNIT, BANGALORE CONVICTING AND SENTENCING THE ACCUSED FOR THE OFFENCE U/S 138 OF N.I ACT AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Both petitioner/accused and respondent/complainant and their respective counsel are present. 2. This petition is filed by the petitioner/accused challenging his conviction and sentence for the offence punishable under Section 138 of N.I. Act. passed by the trial Court, which came to be confirmed by the First Appellate Court by dismissing the appeal filed by him. However, as per order dated 15.09.2022, this Court referred the dispute to Bengaluru Mediation Centre. Parties have settled the dispute before the Bengaluru Mediation Centre. The memorandum of settlement reads as follows: - 3 - NC: 2025:KHC:10655 CRL.RP No. 1040 of 2022 "I. This Criminal Revision Petition is preferred against the judgment conviction and sentence dated 18.11.2017 in C.C.No.52521/2014 on the file of the learned LVII Addl.Chief Metropolitan Magistrate, Mayohall, Bengaluru where in the judgment was confirmed and sentence dated 15.07.2022 in Crl.A.No.25176/2017 by the CCH-29, Mayohall, Bengaluru, convicting the accused/petitioner for an offence punishable under Section 138 of N.I. Act, and sentenced him to pay a fine of Rs.38,47,000/- (Rupees eight Lakhs Forty Seven Thousand only), payable to the respondent. The petitioner has deposited a sum of Rs. 2,60,000/- (Rupees Two Lakhs Sixty Thousand Only) before the Trail Court in C.C. No. 52521/2014 in compliance of the interim order of the Hon'ble Court. II. The aforesaid appeal has been referred to mediation for resolving the dispute between the parties and in the Course of the mediation the petitioner and the respondent have amicably resolved their disputes subject to the following terms and conditions as stated here under: 1. The parties herein state that there is an Ex. P. No. 3848/2019 pending against the respondent herein before City Civil Court, Bengaluru, CCH-02, claiming - 4 - NC: 2025:KHC:10655 CRL.RP No. 1040 of 2022 an amount of Rs. 22,20,445/-(Rupees Twenty Two Lakhs Twenty Thousand Four Hundred and Forty Five Only) which is arising out of O.S. No. 4770/2014 decreed on 01.04.2019 by the Hon'ble City Civil Court, Bengaluru, CCH-02 filed by the Mr. Mohan Kumar. The petitioner herein has paid a sum of Rs. 8,00,000/- (Rupees Eight Lakhs Only) to the said Mr. Mohan Kumar on behalf of the respondent herein. 2. In view of the above settlement, the respondent has no objection to allow the above petition by acquitting the petitioner and setting aside the judgment of conviction in C.C. No. 52521/2014 and Crl. A. No. 25176/2017and as such both the parties state that there are no further claims of any nature against each other either past, present or future. 3. The respondent submits that he has no objection for refund of the deposit amount of Rs. 2,60,000/- (Rupees Two Lakhs Sixty Thousand Only) before the Trail Court in C.C. No. 52521 /2014 in favour of the petitioner / accused herein. 4. The petitioner herein undertakes to co-operate with the respondent in the procedure in acquittal of the accused in C.C. No. 11502/2017 pending before the 37th ACMM, Bengaluru which is the subject - 5 - NC: 2025:KHC:10655 CRL.RP No. 1040 of 2022 matter of the proceedings under Section 482 of Cr.P.C. in Crl. P. (F.R.) No. 10012/2022 pending the Hon'ble High Court of Karnataka, Bengaluru. 5. Both the parties, on their own free will and volition and without any coercion or undue influence have resolved all their disputes amicably." 3. It is submitted by learned counsel for petitioner that in order dated 28.02.2025, by mistake amount in deposit is stated as Rs.2,70,000/-, whereas it is Rs.2,60,000/-. The same shall be read as Rs.2,60,000/-. 4. Today learned counsel for petitioner has filed memo with receipt for having deposited fine of Rs.5,000/- before the trial Court as per order dated 28.02.2025. 5. Both parties admit the compromise and settlement. The terms of compromise are legal and equitable. 6. In the light of settlement entered in to between the parties, the following: - 6 - NC: 2025:KHC:10655 CRL.RP No. 1040 of 2022 ORDER (i) The petition filed under Section 397 r/w Section 401 Cr.P.C is allowed. (ii) The judgment and order dated 18.11.2017 in C.C.No.52521/2014 on the file of LVII ACMM, Mayohall Unit, Bengaluru, which is confirmed by judgment and order dated 15.07.2022 in Crl.A.No.25176/2017 on the file of XXVIII Addl.City Civil and Sessions Judge, Mayo Hall, Bengaluru (CCH-29), 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.: 3