- 1 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO. 1263 OF 2017 C/W CRIMINAL REVISION PETITION NO. 1264 OF 2017 IN CRL.RP No. 1263/2017 BETWEEN: 1. SRI ESHWARA @ PAPANNA R/O SIDARAGUDI VILLAGE (OTHIGATTTA) SOGANE LPOST, SHIVAMOGGA TQ/DISTRICT PIN 577201. …PETITIONER (BY SRI. RAVINDRANATH M.,ADVOCATE) AND: 1. SRI KENCHAPPA S/O VENKATABHOVI R/O SIDDARAGUDI VILLAGE, OTHIGATTA, SOGANE POST SHIVAMOGGA-TQ/DISTRICT PIN 577201. …RESPONDENT (BY SRI. .,ADVOCATE) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 06.10.2017 IN CRL.A.NO.21/2017 PASSED BY THE III ADDITIONAL SESSIONS JUDGE, SHIVAMOGGA, CONFIRMING THE JDUGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 23.02.2017 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., SHIVAMOGGA IN C.C.NO.2872/2012 IN RESPECT OF OFFENCE P/U/S 138 OF N.I. ACT AND THE PETITIOENR MAY KINDLY BE ACQUITTED.I.A.NO.1/2017 FOR SUSPENSION OF SENTENCE AND BAIL.I.A.NO.1/2017 FILED BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SUSPENDING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 06.10.2017 IN CRL.A.NO.21/2017 PASSED BY THE III ADDITIONAL SESSIONS JUDGE, SHIVAMOGGA, CONFIRMING THE JDUGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 23.02.2017 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., SHIVAMOGGA IN C.C.NO.2872/2012 IN RESPECT OF OFFENCE P/U/S 138 OF N.I. ACT AND THE PETITIONER MAY KINDLY BE GRANTED BAIL PENDING DISPOSAL OF THE ABOVE CRL.RP. FOR THE REASONS STATED THEREIN.SUBMITTEDVIDE COURT ORDER DATED 08.12.2017OFFICE OBJECTION IS COMPLIED WITH.POST BEFORE COURT FOR ADMISSION A/W I.A.NO.1/2017 FOR SUSPENSION OF SENTENCE AND BAIL.UR141217 - 3 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 IN CRL.RP NO. 1264/2017 BETWEEN: 1. SRI ESHWARA @ PAPANNA R/O SIDARAGUDI VILLAGE (OTHIGATTTA) SOGANE LPOST, SHIVAMOGGA TQ/DISTRICT PIN 577201. ...PETITIONER (BY SRI. RAVINDRANATH M.,ADVOCATE) AND: 1. SRI KENCHAPPA S/O VENKATABHOVI R/O SIDDARAGUDI VILLAGE, OTHIGATTA, SOGANE POST SHIVAMOGGA-TQ/DISTRICT PIN 577201. ...RESPONDENT (BY SRI. .,ADVOCATE) CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 06.10.2017 IN CRL.A.NO.20/2017 PASSED BY THE III ADDITIONAL SESSIONS JUDGE, SHIVAMOGGA, CONFIRMING THE JDUGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 23.02.2017 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., SHIVAMOGGA IN C.C.NO.2054/2012 IN RESPECT OF OFFENCE P/U/S 138 OF N.I. ACT AND THE PETITIOENR MAY KINDLY BE ACQUITTED.I.A.NO.1/2017 FOR SUSPENSION OF SENTENCE AND BAIL.I.A.NO.1/2017 FILED BY THE - 4 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 ADVOCATE FOR THE PETITIONER PRAYING TO SUSPENDING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 06.10.2017 IN CRL.A.NO.20/2017 PASSED BY THE III ADDITIONAL SESSIONS JUDGE, SHIVAMOGGA, CONFIRMING THE JDUGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 23.02.2017 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., SHIVAMOGGA IN C.C.NO.2054/2012 IN RESPECT OF OFFENCE P/U/S 138 OF N.I. ACT AND THE PETITIONER MAY KINDLY BE GRANTED BAIL PENDING DISPOSAL OF THE ABOVE CRL.RP. FOR THE REASONS STATED THEREIN.OFFICE OBJECTIONS:1. CLEAR/LEGIBLE COPY OF JUDGMENT IN CRL.A.NO.20/2017 TO BE FILED.POST BEFORE COURT FOR ORDERS ON OFFICE OBJECTION.UR071217RSUBMITTED:VIDE COURT ORDER DATED 08.12.2017.OFFICE OBJECTIONS ARE COMPLIED WITH.POST CRL.RP BEFORE COURT FOR ADMISSION A/W I.A.NO.1/2017 FOR SUSPENSION OF SENTENCE AND BAIL.CKR141217 THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER IN CRL.RP.1263/2017 Both parties are present and filed a joint memo and both counsels are present. The contents of the joint memo were read over and explained to both parties. Both parties have accepted the contents voluntarily. The contents of the joint memo read as under; 1. The Respondent in the above case has agreed to receive a sum of Rs.2,00,000/- (Rupees Two lakhs only) in full and final settlement towards payment of fine amount and the Petitioner has agreed for the same. 2. The Petitioner had deposited a sum of Rs.54,100/- (Rupees Fifty four Thousand one hundred only) before the Prl. Civil Judge and J.M.F.C.. Shivamogga on 19-04-2017 vide receipt No.0273748 and the said amount may be permitted to be withdrawn by the complainant. - 6 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 3. The Petitioner has deposited a sum of Rs.1,26,213/- (Rupees One lakh Twenty six Thousand and Two hundred and thirteen only) before the Prl. Civil Judge and J.M.F.C., Shivamogga on 15- 02-2018 vide receipt No.0170152 and the said amount may be permitted to be withdrawn by the complainant. 4. The Petitioner has today paid the balance fine amount of Rs.19,687/-(Rupees Nineteen Thousand six hundred and eighty seven only) by cash to the Respondent as agreed above, and the Respondent has acknowledged the receipt of the same in full and final settlement. 5. Thus, the Respondent do hereby acknowledge the receipt of fine amount of Rs.2 lakhs in full and final settlement in respect of the said complaint in C.C.No.2872/2012. 6. That in view of settlement between the petitioner and the respondent, the Respondent undertakes not to precipitate the Employee's compensation case or any other case against the petitioner. For the reasons stated above, the Petitioner and the Respondent prays that the above revision petition may kindly be allowed by setting aside the judgment and order of conviction and sentence dated 06-10- 2017 in Cr.A.No.21/2017 passed by the III Addl. - 7 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 Sessions Judge at Shivamogga, confirming the judgment and order of conviction and sentence dated 23-02-2017 passed by the III Addl. Civil Judge and J.M.F.C., Shivamogga in C.C.No.2872/2012 in respect of offence punishable under Section 138 of N.I. Act in the above terms, in the interest of justice and equity. This Joint Memo may kindly be taken on record in the ends of justice. The joint memo is accepted. The accused has paid an amount of Rs. 20,000/- cash in this case to the complainant/respondent-Kenchappa. In view of the joint memo, the order of conviction and sentence passed in CC.No.2872/2012 on the file of the III Addl. Civil Judge and J.M.F.C., Shivamogga, dated 23.02.2017, which is confirmed by the III Addl. Sessions Judge, Shivamogga, dated 06.10.2017 in Crl.A.No.21/2017, is set aside. The accused/revision petitioner is acquitted for the offense punishable under Section 138 of the NI Act. - 8 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 The registry is directed to send the copy of this order along with TCR to the Trial Court. As per the joint memo, the amount deposited by the accused shall be returned to the complainant with due identification as per the relevant Act and Rules. IN CRL.RP.1264/2017 Both parties are present and filed a joint memo and both counsels are present. The contents of the joint memo were read over and explained to both parties. Both parties have accepted the contents voluntarily. The contents of the joint memo read as under; 1. The Respondent in the above case has agreed to receive a sum of Rs.2,00,000/- (Rupees Two lakhs only) in full and final settlement towards payment of fine amount and the Petitioner has agreed for the same. 2. The Petitioner had deposited a sum of Rs.89,220/- (Rupees Eighty nine Thousand Two - 9 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 hundred and twenty only) before the Prl. Civil Judge and J.M.F.C., Shivamogga on 19-04-2017 vide receipt No.0273748 and the said amount may be permitted to be withdrawn by the Respondent/complainant. 3. The Petitioner has deposited a sum of Rs.91,093/- (Rupees Ninety one Thousand and ninety three only) before the Prl. Civil Judge and J.M.F.C., Shivamogga on 07-04-2018 vide receipt No.0170484 and the said amount may be permitted to be withdrawn by the Respondent/complainant. 4. The Petitioner has today paid the balance fine amount of Rs. 19,687/-(Rupees Nineteen Thousand six hundred and eighty seven only) by cash to the Respondent as agreed above, and the Respondent has acknowledged the receipt of the same in full and final settlement. 5. Thus, the Respondent do hereby acknowledge the receipt of fine amount of Rs.2 lakhs in full and final settlement in respect of the said complaint in C.C.No.2054/2012. 6. That in view of settlement between the petitioner and the respondent, the Respondent undertakes not to precipitate the Employee's - 10 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 compensation case or any other case against the petitioner. For the reasons stated above, the Petitioner and the Respondent prays that the above revision petition may kindly be allowed by setting aside the judgment and order of conviction and sentence dated 06-10-2017 in Cr.A.No.20/2017 passed by the III Addl. Sessions Judge at Shivamogga, confirming the judgment and order of conviction and sentence dated 23-02-2017 passed by the III Addl. Civil Judge and J.M.F.C., Shivamogga in C.C.No.2054/2012 in respect of offence punishable under Section 138 of N.I. Act in the above terms, in the interest of justice and equity. The joint memo is accepted. The accused has paid an amount of Rs. 20,000/- cash in this case to the complainant/respondent-Kenchappa. In view of the joint memo, the order of conviction and sentence passed in CC.No.2054/2012 on the file of the III Addl. Civil Judge and J.M.F.C., Shivamogga, dated 23.02.2017, which is confirmed by the III Addl. Sessions Judge, Shivamogga, dated 06.10.2017 in Crl.A.No.20/2017, is set aside. - 11 - HC-KAR NC: 2025:KHC:28596 CRL.RP No. 1263 of 2017 C/W CRL.RP No. 1264 of 2017 The accused/revision petitioner is acquitted for the offense punishable under Section 138 of the NI Act. The registry is directed to send the copy of this order along with TCR to the Trial Court. As per the joint memo, the amount deposited by the accused shall be returned to the complainant with due identification as per the relevant Act and Rules. Sd/- (G BASAVARAJA) JUDGE SRK List No.: 1 Sl No.: 9