- 1 - HC-KAR NC: 2025:KHC:49387 CRL.RP No. 649 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 649 OF 2018 BETWEEN: SRI KRISHNAPPA, S/O MUNIYAPPA, AGED ABOUT 63 YEARS, R/A NO.69, 'SHREE SHAKTHI NILAYA' 12TH CROSS, 1ST BLOCK, AKSHAYANAGAR, BENGALURU - 560 016. …PETITIONER (BY SRI K NAGALINGAPPA, ADVOCATE) AND: 1. 1(a) SRI C ANANDA, SINCE DEAD BY HIS LRs SMT. KRISHNAVENAMMA, W/O LATE ANANDA C 1(b) SRI HEMANTH KUMAR ANAND S/O LATE ANANDA C AGED ABOUT 41 YEARS 1(c) SRI A. NAVEEN KUMAR S/O LATE ANANDA C AGED ABOUT 39 YEARS 1(d) SRI A. SUNIL KUMAR S/O LATE ANANDA C AGED ABOUT 37 YEARS ALL ARE R/A NO.39/12, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49387 CRL.RP No. 649 of 2018 7TH MAIN ROAD HAL 2ND STAGE, APPAREDDYPALYA INDIRANAGAR, BENGALURU - 560 038. …RESPONDENTS [BY SRI P B RAJU, ADVOCATE FOR R1(a-d)] 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 ORDER OF SENTENCE AWARDED BY 14TH A.C.M.M., BANGALORE IN C.C.NO.26454/ 2013, DATED 08.12.2016, AND CONFIRMED BY APPELLATE COURT, IN THE COURT OF THE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BANGALORE (CCH-58), IN CRIMINAL APPEAL NO.25003/2017, DATED 21.04.2018 AND FURTHER ACQUIT THE PETITIONER FROM CHARGES P/U/S 138 OF THE N.I. ACT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment dated 21.04.2018 passed by LVII Addl. City Civil & Sessions Judge, Mayohall, Bengaluru, in Crl.A.no.25003/2017 confirming judgment of conviction and order of sentence dated 08.12.2016 passed by XIV ACMM, Bengaluru, in C.C.no.26454/2013, this revision petition is filed. 2. Learned counsel for parties jointly submitted that during pendency of revision petition, parties have settled matter as per advise of elders and well-wishers and petitioner- accused had paid agreed amount to respondent-complainant. A - 3 - HC-KAR NC: 2025:KHC:49387 CRL.RP No. 649 of 2018 joint memo to that effect is filed today. Terms of which reads as under: "JOINT MEMO 1. The Respondent filed the complaint against the accused under section 138 of the Negotiable Instrument Act before the Magistrate Court at Bengaluru. 2. Both the parties have settled their dispute out of the court as per the advice of elders and well-wishers, as per the settlement the Petitioner had paid agreed amount to the respondent. Wherefore, the Petitioner above named prays that, this Hon'ble Court be pleased to set aside the Judgment of Conviction and order of sentence awarded by 14th A.C.M.M. in C.C.No.26454/2013 dated 08.12.2016 and confirmed by Appellate Court, in the court of the LVII Addl. City Civil and Sessions Judge, Bengaluru in Criminal Appeal No.25003/2017, dated 21.04.2018 and further acquit the petitioner from charges punishable under Section 138 of Negotiable Instrument Act, in the interest of justice." 3. Perused terms of joint memo and Power of Attorney. Same is taken on record. 4. Counsel for petitioner and respondent no.1(d) Power of Attorney holder of respondents no.1(a) to (c) are present and respondent no.1(d) is identified by counsel. On interaction, he has stated that terms of joint memo were explained to him and after understanding same, he has affirmed it out of free will and volition, without there being any threat, coercion or undue - 4 - HC-KAR NC: 2025:KHC:49387 CRL.RP No. 649 of 2018 influence from anybody. Settlement is duly signed by both parties, whose signatures are identified by their respective counsel. 5. In view of terms of joint memo, this Criminal Revision Petition is disposed of; judgments dated 21.04.2018 passed by LVII Addl. City Civil & Sessions Judge, Mayohall, Bengaluru, in Crl.A.no.25003/2017 confirming judgment of conviction and order of sentence dated 08.12.2016 passed by XIV ACMM, Bengaluru, in C.C.no.26454/2013 are set aside and accused is acquitted of offence punishable under Section 138 of NI Act. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 99