- 1 - HC-KAR NC: 2025:KHC:21895 CRL.A No. 900 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 900 OF 2015 BETWEEN: M/S SLV ENTERPRIESES NO.5/2, ANNAIAH ROAD, (NEAR DEEPAK ENG. FAC) BASAPPA REDDY COMPOUND YELACHENAHALLI, KANAKAPURA ROAD, BANGALORE-560078 REP BY ITS PROPRIETOR SRI. M. VENKATESH …APPELLANT (BY SRI. N UDAYKUMAR., ADVOCATE) AND: SRI SRIDHAR, 40 YEARS NO.14, M.M. INDUSTRIAL ESTAE, YEDIYUR, BANGALORE-82 AND ALSO AT SRIDHAR NO.108, S.NO.12/3, ELECTRONIC CITY, DODDA TEGURU VILALGE, BANGALORE-560100 …RESPONDENT (BY SMT. SUNITHA H SINGH., ADVOCATE) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING THIS HON'BLE COURT TO SET ASIDE THE ORDER DATED 2.5.2015 PASSED BY THE XXI A.C.M.M., BENGALURU IN C.C.NO.34964/2011 – ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT.I.A.NO.1/2015 FOR SPECIAL LEAVE AND ETC. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21895 CRL.A No. 900 of 2015 THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT 1. The appellant and the respondent are present and are identified by their respective counsels. 2. Learned counsels for the respective parties have filed a compromise petition under Section 359 of BNSS read with Section 147 of Negotiable Instruments Act, for compounding the offence, stating that the matter has been settled between the parties. The application is duly signed by the appellant, respondent and their respective counsels. The same is taken on record. 3. The said compromise petition, which reads as under: PETITION UNDER SECTION 359 OF BNSS R/W SECTION 147 OF NI ACT "The Appellant and the Respondent most respectfully submits that they have mutually - 3 - HC-KAR NC: 2025:KHC:21895 CRL.A No. 900 of 2015 entered into this Compromise Petition and the claim against each other has been mutually settled among both the parties herein. 1. It is submitted that this appeal is filed by the Appellant being aggrieved by the acquittal of the Respondent in C.C. No.34964/2011 on dated: 2.5.2015 filed by the Appellant. 2. It is further submitted that, at the intervention of the well-wishers and friends of the parties to this appeal have arrived at this settlement. 3. It is further submitted that, the terms of the compromise is that the respondent has agreed to pay the Appellant a total sum of Rs.5,00,000/ - as full and final settlement by way of Five Instalments of Rs.1,00,000/- each every month within a period of five months starting from 24.06.2025 by way of Demand Draft in favour of the Appellant. 4. That the first instalment of Rs. 1,00,000/- is paid by way of a Demand Draft Branch bearing No.038802 dated:23.06.2025 drawn on Bank of India JC Road Branch, Bengaluru, and the receipt of the same has been acknowledged by the Respondent. 5. The remaining balance of Rs.4,00,000/- shall be paid by way of four Demand Drafts of Rs.1,00,000 - 4 - HC-KAR NC: 2025:KHC:21895 CRL.A No. 900 of 2015 each on or before 23rd Day of every subsequent four months. 6. The parties to this appeal most respectfully submit that they have entered into this Compromise Petition out of their Volition, free will, free consent and without undue influence, coercion from any angle and they have signed this Compromise Petition after verifying and understanding the terms thoroughly. Wherefore it is most respectfully prayed that this Hon'ble Court may be pleased to take on record and dispose off this Appeal in terms of this Compromise Petition in the interest of justice and Equity." 4. Having considered the compromise petition filed for compounding the offences and also having considered the nature of offences and its punishment, it is appropriate to record the compromise in order to maintain quietus between the parties and there is no impediment for this Court to record the compromise as the alleged offence which is punishable under Section 138 of N.I Act. - 5 - HC-KAR NC: 2025:KHC:21895 CRL.A No. 900 of 2015 5. Hence, I proceed to pass the following: ORDER The appeal is allowed in terms of compromise. In view of the disposal of the appeal, pending application, if any, stands disposed of. Sd/- (S RACHAIAH) JUDGE JT/- CT:JL