- 1 - NC: 2025:KHC:14886 CRL.RP No. 1134 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE RAJESH RAI K CRIMINAL REVISION PETITION NO. 1134 OF 2022 BETWEEN: SRI. S.A NARAYAN S/O ANJINAPPA AGED ABOUT 56 YEARS R/AT NO. 1024, I FLOOR , 3RD CROSS, 4TH MAIN, BEL LAYOUT, VIDYARANYAPURA 2nd BLOCK, BENGALURU-560 097. AND ALSO AT: HARSHA DEVELOPERS, REPRESENTED BY ITS PROPRIETOR , SRI. S.A. NARAYAN NO. 347, GROUND FLOOR, OPPOSITE HDFC BANK 13TH A MAIN, A SECTOR YELAHANKA NEW TOWN BENGALURU-560 064. …PETITIONER (BY SRI. VIJAY SHETTY B, ADVOCATE) AND: SRI. DEVARAJ C S/O V. CHANNAPPA AGED ABOUT 49 YEARS, R/AT SONNAPPANAHALLI VILLAGE, BETTAHALSUR POST, BENGALURU NORTH TALUK BENGALURU-562 157 Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14886 CRL.RP No. 1134 of 2022 ALSO AT: R/AT NO.50, 3rd FLOOR, 1st MAIN, 6TH CROSS, MATHRU LAYOUT, NEAR MOTHER DAIRY YELAHANKA NEW TOWN, BENGALURU-560 064. …RESPONDENT (BY SRI. SURESH N, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH- 67) IN CRL.A.NO.469/2020 DATED 19.07.2022 IN CONFIRMING THE JUDGMENT AND SENTENCE PASSED BY THE XVIII -ACMM BANGALORE IN C.C.NO.12474/2017 DATED 13.11.2019 IN CONVICTING THE PETITIONER HEREIN FOR THE OFFENE P/U/S 138 OF N.IL ACT AND THEREBY TO ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAJESH RAI K ORAL ORDER Learned counsels for both the parties have filed a joint memo, which reads as under: "JOINT MEMO The under signed Petitioner and Respondent most respectfully submits as follows:- The Petitioner has filed an Revision Petition under section 397 r/w 401 of Cr.P.C to set aside the Judgment passed in Crl.A.469/2020 dated 19-07- 2022 by the LXVI Addl. City Civil & sessions Judge, Bengaluru (CCH-67) and sentence passed by the - 3 - NC: 2025:KHC:14886 CRL.RP No. 1134 of 2022 18th ACMM, Bengaluru city in C.C.No.12474/2017 dated 13-11-2019 and convicting the Petitioner herein for the offence punishable under Section 138 of NI Act. Now, the Petitioner and Respondent have settled the matter out of court for the amount of Rs.5,00,000/-(Rupees, five Lakhs only) as full and final settlement between the parties. The respondent has received the above said amount of Rs.5,00,000/- from the petitioner as follows:- a). Rs.1,65,000/- is released the deposited amount from trial court in C.C.No.12474/2017 in favor of Respondent. b). Rs, 1,50,000/- by way of Cheque No.584252 dated 04-05-2023. c). Rs.1,85,000/- by way of cash on 08/04/2025. The respondent has received the entire Compromise amount from the petitioner in this case. Hence, this joint memo for appropriate order. Wherefore, the Petitioner and Respondent have most respectfully prays that this Hon'ble court may be pleased to accept this joint memo and set aside the judgment in CC No. 12474/2017 dated 13-11- 2019 passed by the Hon'ble 18th ACMM, Bengaluru city and acquit the petitioner in accordance with law, in the interest of justice and equity." 2. Learned counsels along with their parties reiterated the contents of the joint memo and submit that the respondent/complainant had received a sum of Rs.5,00,000/- from the revision petitioner/accused and the respondent/complainant submits that in terms of the - 4 - NC: 2025:KHC:14886 CRL.RP No. 1134 of 2022 compromise, the judgment of the trial Court and the First Appellate Court may be set aside. 3. In terms of joint memo, the revision petition stands disposed of. Consequently, the judgment of conviction and order of sentence passed in C.C.No.12474/2017 dated 13.11.2019 by the Court of XVIII Addl. Chief Metropolitan Magistrate, Bengaluru which was confirmed by the LXVI Addl. City Civil and Sessions Judge, Bengaluru City in Crl.A.No.469/2020 dated 19.07.2022 is hereby set-aside. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 12