- 1 - NC: 2025:KHC:15950 CRL.RP No. 1275 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1275 OF 2024 (397(Cr.PC) / 438(BNSS)) BETWEEN: SRI. VEERAKUMAR. P S/O SRI P.CH.SATHYANARAYANA AGED ABOUT 58 YEARS, RESIDING AT NO.5C-410 HRBR LAYOUT, BANGALORE-560043 …PETITIONER (BY SRI. RAMAKRISHNAPPA P N, ADVOCATE) AND: MRS. PADMAVATHI BHARADWAJ D/O DR.D.VIDYAKAR R/AT NO.25, 3RD MAIN, RAMAIAH LAYOUT, KAMMANAHALLI BENGALURU-560084 …RESPONDENT (BY SRI. VIVEKANANDA.N, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND SENTENCE DATED 11/07/2023 IN CRIMINAL APPEAL NO. 25203/2023 DATED 11/07/2023 PASSED BY THE LEARNED LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL BENGALURU (CCH-73) AND ETC., Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:15950 CRL.RP No. 1275 of 2024 THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Respondent present. 2. Learned counsel for petitioner and respondent present. 3. This petition is filed by the accused challenging his conviction and sentence for the offence punishable under Section 138 of N.I. Act, imposed by the trial Court, which came to be confirmed by the First Appellate Court by dismissing the appeals filed by him. 4. A joint memo duly signed by both petitioner and respondent and their respective counsel is filed reporting settlement between the parties. 5. Respondent/complainant admit the compromise. Respondent/complainant submits that she - 3 - NC: 2025:KHC:15950 CRL.RP No. 1275 of 2024 has no objection to allow the petition and acquit the accused. 6. The joint memo reads as follows: "The Petitioner and Respondent jointly submits before this Hon'ble Court that the parties amicably settled the issue and both parties agreed to close the above case and the petitioner agreed to pay an amount of Rs.45,00000/- and respondent agreed to receive the amount. The petitioner deposited the amount of Rs.24,06,617/- and the same was withdrawn by the respondent. Balance of Rs.21,00,000/- shall be payable by the petitioner to respondent on three instalment on 20.05.2025 an first Instalment of Rs.7,00,000/- second instalment of Rs.7,00,000/- on 20.06.2025 and third instalment of Rs.7,00,000/- on 20.07.2025." 7. The terms and conditions of compromise petition are legal and equitable. The same are accepted and accordingly, following: - 4 - NC: 2025:KHC:15950 CRL.RP No. 1275 of 2024 ORDER (i) The petition filed under Section 397 r/w Section 401 Cr.P.C is allowed. (ii) The judgment and order dated 11.07.2023 in C.C.59002/2018 on the file of XXXIV ACMM, Bengaluru, which is confirmed in Crl.A.25203/2023 respectively, on the file of LXXII 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) However, it is made clear that if the amount as agreed in the joint memo is not paid and there is lapse even a single payment, the order of the trial Court, which is confirmed by the First Appellate Court stands restored automatically and the respondent/complainant is at liberty to - 5 - NC: 2025:KHC:15950 CRL.RP No. 1275 of 2024 proceed against the petitioner/accused in accordance with law. (v) If the entire amount as agreed in the joint memo is paid, fine amount imposed by the trial Court, which is confirmed by the First Appellate Court to the extent of Rs.5,000/- towards defraying expenses of the State is hereby set aside. (vi) The Registry is directed to send back the trial Court as well as Sessions Court records along with copy of this order to the trial Court forthwith. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 45