- 1 - NC: 2025:KHC:16873 CRL.RP No. 1227 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1227 OF 2017 BETWEEN: SRI HARI PRAKASH S/O CHANDRAN AGED ABOUT 43 YEARS, RESIDING AT NO.109, 2ND MAIN HAL 2ND STAGE, NEAR ISRO L.P.S.C. KODI HALLI, BENGALURU NORTH BENGALURU-560 008 …PETITIONER (BY SMT. SHASHIKALA G, ADVOCATE) AND: SRI VENKATARAJU S S/O LATE A SHAMANNA AGED ABOUT 43 YEARS, R/AT NO.74, 18TH MAIN 5TH CROSS, HAL 2ND STAGE BENGALURU-560 008 …RESPONDENT (BY SRI.B.T.PRASANNA KUMAR, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE JUDGMENT DATED 21.09.2016 PASSED IN C.C.NO.52370/2013 PASSED BY HON'BLE XIV ACMM, MAYOHALL AT BANGALORE AND THE APPELLATE JUDGMENT DATED 31.08.2017 PASSED IN CRL.APPEAL NO.25058/2016 BEFORE THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL AT BANGALORE Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:16873 CRL.RP No. 1227 of 2017 CONFIRMING THE CONVICTION JUDGMENT PASSED BY THE TRIAL COURT AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Petitioner and respondent are present. Learned counsel for the respondent is also present. 2. The petitioner has filed a memo along with demand draft bearing No.682224 dated 03.04.2025 for a sum of Rs.2,05,000/- in the name of Registrar General, High Court of Karnataka, Bengaluru. 3. Learned counsel for the respondent submits that the entire payment is received. 4. The registry is directed to receive the demand draft and deposit the amount to the concerned account. 5. The respondent is permitted to withdraw the amount in deposit. - 3 - NC: 2025:KHC:16873 CRL.RP No. 1227 of 2017 6. The joint memo is filed reporting amicable settlement between the parties. The joint memo reads as under: "JOINT MEMO FILED BY THE PETITIONER AND RESPONDENT The Petitioner & Respondent have amicably settled the matter between them & arrived at the following: 1. The petitioner has paid the entire Judgment amount to the Respondent as full and final settlement of the entire dispute. (a) A sum of Rs.2,05,000/- has already been deposited in C.C No.52370/2013 before the 14th ACMM At Bengaluru Mayohall unit & same can be withdrawn as per the orders passed by this Hon'ble Court. (b) A sum of Rs.2,05,000/- has been paid today by way of DD. 2. Both the Petitioner & Respondent settlement have been arrived at freely, voluntarily & without any undue influence, pressure or coercion from any side. 3. In view of the amicable settlement between the parties, both the Petitioner and Respondent humbly request this Hon'ble Court to dispose of Crl.R.P No.1227/2017 as settled & a pass appropriate orders including recording the terms of the settlement & further - 4 - NC: 2025:KHC:16873 CRL.RP No. 1227 of 2017 to release the petitioner from any further legal obligations arising out of the case in question. The joint memo is signed by both the petitioner and Respondent & they pray for the disposal of the matter in the terms." 2. The terms and conditions of the joint memo are legal and equitable. The same are accepted and accordingly, following: ORDER (i) The petition filed under Section 397 r/w Section 401 Cr.P.C is allowed. (ii) The judgment and order dated 21.09.2016 in C.C.No.52370/2013 on the file of XIV ACMM, Bengaluru and judgment and order dated 31.08.2017 in Crl.A.No.25058/2016 on the file of XXVIII Addl. City Civil and Sessions Judge, Bengaluru, are set aside. (iii) Petitioner/accused is acquitted of the offence punishable under Section 138 of N.I. Act. (iv) If the entire amount as agreed in the joint memo is paid, fine amount imposed by the - 5 - NC: 2025:KHC:16873 CRL.RP No. 1227 of 2017 trial Court, which is confirmed by the Sessions Court to the extent of Rs.5,000/- towards defraying expenses of the State is hereby set aside. (v) Amount in deposit is permitted to be withdrawn by the complainant under due identification. (vi) The Registry is directed to send back the trial Court as well as Sessions Court records along with copy of this order forthwith. Sd/- (J.M.KHAZI) JUDGE KBM/RR List No.: 1 Sl No.: 50