- 1 - HC-KAR NC: 2025:KHC:19500 CRL.RP No. 1226 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO. 1226 OF 2022 (397(Cr.PC) / 438(BNSS)) BETWEEN: MR. MOHAMMAD S/O LATE MOIDU KUTTI, AGED ABOUT 50 YEARS, R/A SAMETHADKA HOUSE, PUTTUR KASABA VILLAGE, PUTTUR TALUK-574201 D K DISTRICT …PETITIONER (BY SRI. MOHAMMAD NIYAZ S., ADVOCATE) AND: MR. GURURAJ N.S., S/O SRINIVAS BHAT AGED ABOUT 37 YEARS R/O NEERALA HOUSE 34-NEKKILADY VILLAGE, PUTTUR TALUK, D.K. DISTRICT-574201 …RESPONDENT (BY SRI. HARSHA G., ADV. FOR SRI. SACHIN B S., ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER AND JUDGMENT PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC AT PUTTUR IN C.C.NO.128/2015 DATED 24.02.2022 CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S.138 OF NI ACT AND PAYMENT OF FINE OF RS.1,50,000/- AS WELL AS JUDGMENT Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19500 CRL.RP No. 1226 of 2022 PASSED BY LEARNED V ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT MANGALURU D.K., SITTING AT PUTTUR, IN CRL.A.NO.5103/2022 DATED 18.08.2022 CONFIRMING THE JUDGMENT OF CONVICTION AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE G BASAVARAJA ORAL ORDER Both counsels present and filed joint memo in which it is stated as under: "The petitioner and the respondent most respectfully submits as follows: 1. That the petitioner has filed the captioned Criminal Revision Petition challenging the judgment passed by the learned Principal Civil Judge and JMFC, at Puttur in C.C.No.128/2015 dated 24.02.2022 convicting the petitioner for the offences punishable under Section 138 of Negotiable Instruments Act, as well as judgment passed by learned V Addl. District and Sessions Judge at Mangalore in Crl.Appeal No.5103/2022 confirming the judgment of conviction against the petitioner. 2. That, the parties have settled their dispute and the petitioner has agreed to pay the cheque amount of Rs.1,10,000/- (Rupees One lakh ten thousand only) by way of Demand Draft bearing No.001544 dated 06.06.2025, drawn on HDFC bank to the respondent Sri. Gururaj N S, on the instructions of the respondent, his counsel on record will receive the said demand draft - 3 - HC-KAR NC: 2025:KHC:19500 CRL.RP No. 1226 of 2022 on behalf of the respondent towards full and final settlement of the cheque in question. 3. Both the parties have no further claim other in respect of the captioned Revision Petition/subject cheque amount. Wherefore, this Hon'ble Court may be pleased to accept this joint memo filed by the petitioner and the respondent and acquit the petitioner in the interest of justice and equity." 2. As per joint memo, today the revision petitioner has handed over the Demand Draft bearing No.001544 dated 06.06.2025, drawn on HDFC bank for Rs.1,10,000/- (Rupees One lakh ten thousand only) to the learned counsel appearing for respondent. 3. Both counsels have admitted the contents of joint memo and as such, the said joint memo is accepted. 4. In view of joint memo filed by both counsels, the judgment of conviction dated 24.02.2022 passed in C.C.No.128/2015 by the Court of Prl.Civil Judge & JMFC, Puttur, DK, for the offence under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as N.I.Act for short) which is confirmed by the Appellate Court in Criminal Appeal No.5013/2022 dated 18.08.2022 on the file V Additional - 4 - HC-KAR NC: 2025:KHC:19500 CRL.RP No. 1226 of 2022 District and Sessions Judge, D.K. Mangaluru, sitting at Puttur D.K. are set aside. Accused is acquitted for the offence under Section 138 of N.I. Act. 5. Accordingly, Revision Petition stands allowed in terms of joint memo. Sd/- (G BASAVARAJA) JUDGE SSD List No.: 1 Sl No.: 31