- 1 - NC: 2025:KHC:17498 CRL.RP No. 1544 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1544 OF 2024 (397(Cr.PC) / 438(BNSS)) BETWEEN: SRI B R HARI, S/O B.N RANGA IYENGAR, AGED ABOUT 54 YEARS, R/AT NO.19, ANANDA MARUTHI KRUPA, 2ND MAIN, NEAR KATHIGUPPA WATER TANK, BANASHANKARI 3RD STAGE, BENGALURU-560085. …PETITIONER (BY SRI. LAKSHMIPATHI V M, ADVOCATE) AND: SMT. RAJESHWARI, W/O SRI.S.K.SEKARAN, AGED ABOUT 66 YEARS, R/AT 12/67, C BLOCK, MIG FLATS, DOMLUR, BANGALORE-560071. …RESPONDENT (BY SMT. SUNITHA H SINGH, ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C (FILED U/S 438 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 17.04.2021 IN C.C.NO.55594/2018, WHICH WAS PASSED BY THE 17TH ADDL. JUDGE COURT OF THE SMALL CAUSES AND ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:17498 CRL.RP No. 1544 of 2024 (SCCH-21) BENGALURU AS WELL AS JUDGMENT AND ORDER DATED 03.10.2024 IN CRL.A.NO.25226/2021, WHICH WAS PASSED BY THE HON'BLE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BANGALORE AND THE PETITIONER BE ACQUITTED FOR THE ALLEGED OFEFNCE 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 and respondent as well as their respective counsel are present. 2. A joint memo is filed duly signed by both parties and their respective counsel. The terms and conditions of the joint memo reads as under: "1. The Petitioner, being aggrieved with judgment and order of dated 3rd October 2024 passed by the LXXIV ADDL. City Civil and Sessions Judge, Mayo Hall, Bangalore, dismissing his appeal in Criminal Appeal No.25226/2021 filed against the judgment and order of conviction passed by the Learned XVII Addl. Judge, Court of Small Causes & ACMM, Bengaluru (SCCH-21) in C.C. No.55594/2018 by his order dated 17.04.2021, has preferred this Memorandum of Criminal Revision Petition. 2. That with the intervention of well-wishers of both parties, the parties have settled their dispute amicably. The Petitioner has agreed to pay the - 3 - NC: 2025:KHC:17498 CRL.RP No. 1544 of 2024 Respondent a total sum of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only) as full and final settlement. In the light of the Petitioner's health condition, the Respondent unconditionally accepted for the said sum of Rs. 1,30,000/-. 3. The Petitioner has handover Demand Draft No.000942 dated 12.02.2025 for Rs.1,30,000/- drawn in the name of the Respondent, issued by the Bank of India, City Engineering College Branch, Bangalore. A copy of the demand draft is produced along with this memo for kind perusal of this Hon'ble Court. Wherefore both parties pray that this Hon'ble Court may be pleased to set aside the judgment and order dated 17.04.2021 in C.C.No.55594/2018, which was passed by the 17th Addl. Judge, Court of the Small Causes & Addl. Chief Metropolitan Magistrate, Mayo Hall Unit, (SCCH-21) Bengaluru, as well as judgment and order dated 03.10.2024 in Cri. Appeal No.25226/2021, which was passed by the Hon'ble LXXIV ADDL. City Civil and Sessions Judge, Mayo Hall, Bangalore and the Petitioner be acquitted for the alleged offence under Section 138 of the N.I. Act." 3. It is submitted by the learned counsel for petitioner that in the joint memo the prayer portion is missing, therefore, he is filing a fresh memo duly signed by both the parties and their respective counsel. 4. Petitioner/accused offers a Demand Draft for Rs.1,30,000/-,which respondent/complainant admit the compromise, received the said Demand Draft and submits - 4 - NC: 2025:KHC:17498 CRL.RP No. 1544 of 2024 that she 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 17.04.2021 in C.C.No.55594/2018 on the file of XVII Addl.Judge, Court of Small Causes and ACMM, Bengaluru and judgment and order dated 03.10.2024 in Crl.A.No.25226/2021 on the file of LXXIV Addl.City Civil and Sessions Judge, Bengaluru (CCH-75), are set aside. (iii) Petitioner/accused is acquitted for the offence punishable under Section 138 of N.I. Act. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 50