- 1 - NC: 2025:KHC:17798 CRL.RP No. 1472 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1472 OF 2022 (397(Cr.PC) / 438(BNSS)) BETWEEN: SRI V VENKATESH S/O LATE VENKATASWAMY AGED ABOUT 50 YEARS, R/AT 49, C K.PALYA, SAKALAVARA POST, BANNERAGHATTA ROAD, JIGANI, ANEKAL TALUK, BENGALURU-560083. …PETITIONER (BY SRI.GIREESHA KODGI & SRI.N.NAGARAJ, ADVOCATES) AND: SRI LOKESH S L S/O LAKKEGOWDA AGED ABOUT 48 YEARS, R/AT NO.223, 5TH MAIN, AREHALLI, NEAR SINDU SCHOOL BENGALURU-560039. …RESPONDENT (BY SRI.K.P.RAVISHANKAR, 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 OF CONVICTION AND SENTENCE PASSED BY THE LEARNED XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE, PASSED IN C.C.NO.2959/2016 DATED 11.10.2018 CONVICTING THE PETITIONER/ACCUSED Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:17798 CRL.RP No. 1472 of 2022 FOR THE OFFENCE P/U/S 138 OF N.I ACT AND CONFIRMED BY THE LEARNED LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-69) IN CRL.A.NO.2583/2018, DATED 28.01.2020 AND CONSEQUENTLY, ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Petitioner/accused and respondent/complainant are present and their respective counsel are also present. 2. A joint memo is filed by petitioner/accused before Lokadalath. On account of absence of respondent/complainant, he could not sign the joint memo and the matter could not be settled. Today he is permitted to sign the joint memo. 3. As per the compromise settled between the parties, petitioner/accused has agreed to pay a sum of Rs.5,00,000/- to respondent/complainant within a period of four months from the date of order. The terms and conditions of the joint memo reads as under: - 3 - NC: 2025:KHC:17798 CRL.RP No. 1472 of 2022 "The undersigned counsel for the petitioner submits that the petitioner is to pay a sum of Rs.5 Lakhs to the respondent, 4 months from the date of order in discharge of the entire debt. The Respondent undertakes to withdraw CC No.1064/2015 pending on the file of Prl.Civil Judge and JMFC, Malavalli. There will be no claim whatsoever against each other and then the matter in Lok Adalat." 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 11.10.2018 in C.C.No.2959/2016 on the file of XVI ACMM, Bengaluru and judgment and order dated 28.01.2020 in Crl.A.No.2583/2018 on the file of LXVIII Addl.City Civil and Sessions Judge, Bengaluru (CCH-69), are set aside. - 4 - NC: 2025:KHC:17798 CRL.RP No. 1472 of 2022 (iii) Petitioner/accused is acquitted for 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, 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 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.10,000/- towards defraying expenses of the State is hereby set aside. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 36