- 1 - NC: 2025:KHC:10102 CRL.RP No. 1561 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1561 OF 2016 BETWEEN: RATHNAKARA GOWDA S/O HOOVAPPA GOWDA, AGED ABOUT 41 YEARS, R/O MOODLI VILLAGE, HONNEBAILU, HUMCHAPOST, HOSANAGARA TALUK-577418. …PETITIONER (BY SRI.PRASAD B S, ADVOCATE) AND: SUKUMAR SHETTY M S/O MUTHAIAH SHETTY, AGED ABOUT 40 YEARS, OCC: MERCHANT, R/O HUMCHA, HOSANAGARA TALUK-577418. …RESPONDENT (BY SRI.NAGARAJ.M.BHAT, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 12.03.2013 PASSED BY THE CIVIL JUDGE AND J.M.F.C., HOSANAGARA IN C.C.NO.488/2009 AND ALSO CONFIRMING THE JUDGMENT AND ORDER DATED 27.10.2016 PASSED BY THE V ADDL. DISTRICT AND SESSIONS JUDGE, SHIMOGA, SITTING AT SAGAR IN Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10102 CRL.RP No. 1561 of 2016 CRL.A.NO.10001/2016 AND ACQUIT THE PETITIONER OF THE CHARGES LEVELED AGAINST HIM. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Sri.Narayana M.Bhat, learned counsel has filed Vakalath for respondent. 2. Petitioner/accused and respondent/complainant and their respective counsel are present. 3. A compromise petition under Section 147 of N.I. Act (I.A.No.1/2025), duly signed by both petitioner and respondent and their respective counsel is filed. It is supported by joint affidavit of the petitioner/accused and respondent/complainant. The parties have sought permission to compound the offence punishable under Section 138 of N.I. Act, set aside the judgment and order passed by the trial Court as well as Sessions Court and acquit the accused. - 3 - NC: 2025:KHC:10102 CRL.RP No. 1561 of 2016 4. Respondent/complainant admit the compromise and submits that he has no objection to allow the petition and acquit the accused. The terms and conditions of compromise petition are legal and equitable. The same is 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 27.10.2016 in Crl.A.No.10001/2016 on the file of V Addl.District and Sessions Judge, Shivamogga, sitting at Sagar and judgment and order dated 12.03.2013 in C.C.No.488/2009 on the file of Civil Judge and JMFC, Hosadurga, are set aside. (iii) Petitioner/accused is acquitted for the offence punishable under Section 138 of N.I. Act. - 4 - NC: 2025:KHC:10102 CRL.RP No. 1561 of 2016 (iv) 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 RR List No.: 2 Sl No.: 1