- 1 - HC-KAR NC: 2025:KHC:52480 CRL.RP No. 1476 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1476 OF 2023 BETWEEN: SRI M AMARNARAYAN, S/O LATE MUNIKRISHNAPPA, AGED ABOUT 57 YEARS, R/A NO.35, 10TH CROSS, 2ND CROSS, OPP TO PVP SCHOOL, AGRAHARA DASARAHALLI, BANGALORE - 560 079. …PETITIONER (BY SRI NAVEEN N D., ADVOCATE) AND: SMT. RATHNAMMA, D/O LATE MUNIKRISHNAPPA, W/O SRI DEVAIAH K., AGED ABOUT 59 YEARS, R/A NO.685, 5TH MAIN, UPKAR LAYOUT, NEAR ULLAL RTO OFFICE, BANGALORE - 560 091. …RESPONDENT (BY SRI VIJAYA KUMAR K., ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO ACQUIT THE PETITIONER BY SETTING ASIDE THE IMPUGNED JUDGMENT DATED 04.10.2023 PASSED IN CRL.A.NO.1144/2021 BY THE COURT OF THE LXIII ADDL.CITY CIVIL AND SESSION JUDGE, BENGALURU AND ALSO SET ASIDE THE JUDGMENT DATED 25.11.2021 PASSED IN C.C.NO.4815/2019 BY THE COURT OF THE A.C.M.M BENGALURU CITY, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52480 CRL.RP No. 1476 of 2023 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment dated 04.10.2023 passed by LXIII Additional City Civil and Sessions Judge (CCH-64), Bengaluru, in Crl.A.no.1144/2021 confirming judgment of conviction and order of sentence dated 25.11.2021 passed by Additional Chief Metropolitan Magistrate, Bengaluru (SCCH-6), in C.C.no.4815/2019, this revision petition is filed. 2. Learned counsel for parties submitted that during pendency of revision petition, parties have entered into settlement, wherein petitioner/accused has agreed to pay sum of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only) in full and final settlement towards respondent's claim under cheque in question. 3. It is stated that sum of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) was deposited before trial Court and accused has no objection for respondent/complainant withdrawing same and balance amount of Rs.5,00,000/- (Rupees Five Lakhs only) is agreed to be paid in two installments i.e. Rs.2,50,000/- (Rupees Two Lakhs Fifty - 3 - HC-KAR NC: 2025:KHC:52480 CRL.RP No. 1476 of 2023 Thousand only) on 15.01.2026 and Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) on 30.04.2026 without fail. 4. Terms of joint memo reads as under: "JOINT MEMO OF PETITIONER AND RESPONDENT The petitioner and the Respondent submit as follows: 1. The Respondent has filed a complaint against the petitioner under section 200 of the Cr.P.C. for the offence punishable under Section 138 of NI Act against the petitioner before the IV Additional Small Causes Judge and Additional Chief Metropolitan Magistrate, at Bengaluru in C.C.No.4815/2019, in respect of the Cheque bearing No.173397, for a sum of Rs.15,00,000/-. After contest vide judgment dated 25.11.2021, the accused/petitioner was convicted and sentenced to pay a fine of Rs.15,00,000/-. 2. The petitioner aggrieved by the judgment dated 25-11-2021 passed in C.C.No.4815/2019 has preferred a Criminal Appeal No.1144/2021 before the court of the LXIII Additional City Civil and Session Judge, Bengaluru, and after contest, CRL.A.No.1144/2021 came to be dismissed on 04-10-2023 by confirming the judgment passed in C.C.No.4815/2019. 3. The petitioner aggrieved by the order dated 04.10.2023 passed in CRL.A.No.1144/2021, has filed the above petition before this Hon'ble Court. 4. The petitioner and respondent are brother and sister, therefore at the intervention of elders of the family have advised the both parties to settle the above matter, as such, both of them have settled the above petition on the following terms and conditions. - 4 - HC-KAR NC: 2025:KHC:52480 CRL.RP No. 1476 of 2023 A. The Petitioner has agreed to pay a sum of Rs.12,50,000/- (Rupees Twelve Lakhs and Fifty Thousand Only) to the respondent as a full and final settlement and same is agreed by the respondent, out of said amount the petitioner has already paid/deposited a sum of Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand Only) before the Trial Court and the petitioner has no objection to withdraw the above amount by the respondent. Remaining amount of Rs.5,00,000/- (Rupees Five Lakhs Only) will be paid by the petitioner to the respondent in two installments i.e. a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand Only) on 15-01-2026 and remaining amount of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand Only) on 30-04-2026 without fail and same is agreed by the Respondent. B. If the petitioner fails to pay the balance amount of Rs.5,00,000/- (Rupees Five Lakhs Only) within the stipulated period, this settlement shall stand null and void, and the respondent shall be at liberty to proceed against the petitioner in accordance with law as if no settlement had taken place." 5. Parties are present and identified by their respective counsel. 6. On interaction, parties have stated that they have been explained terms and conditions of settlement and after understanding, they have affirmed same out of their free will and volition without there being any threat, coercion or undue influence from anybody. - 5 - HC-KAR NC: 2025:KHC:52480 CRL.RP No. 1476 of 2023 7. Joint memo is duly signed by both parties, whose signatures are identified by their respective counsel and settlement is reported by them. 8. Perused joint memo and same is taken on record. 9. In terms of settlement, this Criminal Revision Petition is allowed; concurrent judgments of conviction and order of sentences dated 04.10.2023 passed by LXIII Additional City Civil and Sessions Judge (CCH-64), Bengaluru, in Crl.A.no.1144/2021 and dated 25.11.2021 passed by Additional Chief Metropolitan Magistrate, Bengaluru (SCCH-6), in C.C.no.4815/2019 are set-aside, acquitting petitioner of offence punishable under Section 138 of NI Act. Trial Court is directed to release amount in deposit in favour of respondent/complainant forthwith. Registry to forthwith transmit TCR to Trial Court. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 30