- 1 - NC: 2024:KHC:44100 CRL.RP No. 519 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL REVISION PETITION NO. 519 OF 2022 BETWEEN: MR P H BASHEER S/O HUSSAIN MAULAVI AGED 34 YEARS R/O KOOVAL HOUSE KOLNADPERU BALA POST KASARGOD, KERALA – 671 321. …PETITIONER (BY SRI. PRIYANKA JAIN R M, ADVOCATE) AND: MASITHA D/O HUSSAIN HAJI AGED ABOUT 31 YEARS RESIDING AT MONTEPADAVU HOUSE NARINAGANA VILLAGE MANGALURU TALUK DAKSHINA KANNADA DISTRICT – 575 018. …RESPONDENT (BY SRI. MUZAFFAR AHMED, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 18.02.2020 PASSED BY THE 8TH JMFC, MANGALORE IN C.C.NO.1238/2017 AND ALSO THE JUDGMENT DATED 17.04.2021 PASSED IN CRL.A.NO.57/2020 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:44100 CRL.RP No. 519 of 2022 THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER Learned counsel for the respective parties have filed a joint memo and the averments of the joint memo in paragraph numbers 1 to 4 read as under: “1. The Petitioner has already deposited 50% of the cheque amount, i.e., Rs. 2,64,000/- (Rupees Two Lakhs Sixty-Four Thousand only) out of the total cheque amount of Rs. 5,28,000/-, before this Hon'ble Court, demonstrating his bona fide intention to comply with the Court's directions and to meet the financial obligations arising from the proceedings. The Respondent has already withdrawn this amount and acknowledges having already received it. 2. The Petitioner now intends to settle the matter amicably and expresses his readiness and willingness to pay the remaining 50% of the cheque amount. Both parties respectfully seek this Hon'ble Court's permission to allow the Petitioner a period of two (2) months, up to 31st December 2024, to repay the remaining balance of Rs. 2,64,000/- (Rupees Two Lakhs Sixty-Four Thousand only). - 3 - NC: 2024:KHC:44100 CRL.RP No. 519 of 2022 3. The Petitioner undertakes to adhere to the repayment schedule as directed by this Hon'ble Court and submits this request in good faith, with the intention to fulfil all legal obligations. 4. The Respondent's counsel acknowledges and agrees to the terms set forth herein, including the repayment schedule and the period requested by the Petitioner to complete the outstanding payment. Both parties and their counsel express mutual consent to these terms and undertake to abide by the directives issued by this Hon'ble Court based on this joint memo.” 2. On perusal of the joint memo and also considering the offence which is punishable under Section 138 of the N.I. Act, which is compoundable in nature, there is no embargo to this Court to record the compromise in terms as stated supra. 3. Accordingly, I proceed to pass the following: ORDER i. The Criminal Revision Petition is disposed of in terms of compromise. ii. The judgment of conviction and order of sentence dated 18.02.2020 in C.C.No.1238/2017 passed by the Court of 8th Judicial Magistrate First Class at Mangaluru and its confirmation judgment and - 4 - NC: 2024:KHC:44100 CRL.RP No. 519 of 2022 order dated 17.04.2021 in Crl.A.No.57/2020 passed by the Court of III Addl. District and Sessions Judge, D.K., Mangaluru are set aside. iii. The petitioner is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. iv. The petitioner / accused is acquitted for the offence punishable under Section 138 of N.I. Act. v. Bail bond executed, if any, stands cancelled. Sd/- (S RACHAIAH) JUDGE JS/- List No.: 1 Sl No.: 22