- 1 - NC: 2025:KHC:4538 CRL.RP No. 1433 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1433 OF 2019 BETWEEN: 1. SRI. YOGESH MACHAIAH, S/O SAVITHRI S., C/O M.B. DEVAIAH, AGED ABOUT 38 YEARS, R/AT KEDULLUMURR VILLAGE AND POST, VIRAJPET TALUK, KODAGU DISTRICT-571 218. …PETITIONER (BY SRI. GOPALA KRISHNA, ADVOCATE) AND: 1. SRI. JANAKIRAM P., S/O P.V. PARTHASARATHY, AGED ABOUT 57 YEARS, R/AT NO.1355, 5TH CROSS, ASHOKNAGAR, N.R.COLONY, BENGALURU - 560 050. …RESPONDENT (BY SRI. RAJAGOPALA NAIDU, ADVOCATE) THE CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED IN CRL.A.NO.1100/2018 PASSED BY THE HON’BLE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE(CCH-65), BENGALURU DATED 03.09.2019 AND SET ASIDE THE JUDGMENT AND CONVICTION ORDER IN C.C.NO.13826/2016 PASSED BY THE HONBLE XIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN 15.05.2018. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4538 CRL.RP No. 1433 of 2019 THIS PETITION COMING ON FOR DISMISSAL THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER The parties and their respective learned counsel are present before the Court. The parties have filed the Memorandum of Compromise Petition under Section 320 of Cr.P.C read with Section 147 of the Negotiable Instruments Act (‘the NI Act’ for short) and the parties have settled the matter for an amount of Rs.7,75,000/- as against Rs.8,60,000/-. The same is taken on record. 2. In terms of the compromise, the amount of Rs.4,40,000/- which is in deposit before the Trial Court is permitted to be released in favour of the respondent and the petitioner has no objection to release the said amount in favour of the respondent. The petitioner has made the payment of Rs.1,00,000/- by cash and the same is acknowledged by the respondent. The remaining amount of Rs.2,35,000/- is paid by the petitioner by way of cheque dated 31.01.2025 in favour of the respondent. Subject to realization of the cheque, the offence is compounded under Section 147 of the NI Act in view of the application filed before this Court and the petitioner is - 3 - NC: 2025:KHC:4538 CRL.RP No. 1433 of 2019 acquitted for the offence under Section 138 of the NI Act. Out of the amount of Rs.4,40,000/-, which is in deposit before the Trial Court, Rs.4,30,000/- is payable to the respondent/ complainant on proper identification and Rs.10,000/- is to be defrayed to the State as fine as imposed by the Trial Court. 3. In terms of the compromise, the criminal revision petition is disposed of. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 20