- 1 - HC-KAR NC: 2025:KHC:30260 CRL.A No. 1645 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1645 OF 2024 (A) BETWEEN: S VENUGOPAL S/O SADAPPA M AGED ABOUT 53 YEARS R/O NO. 532, AECS LAYOUT 6TH A MAIN ROAD, KUDLU VILLAGE BENGALURU 560 068 &APPELLANT (BY SRI. N B NIJALINGAPPA., ADVOCATE) AND: T Y MATHAI S/O YOHANAN AGED ABOUT 52 YEARS PROP. SAINT MARY9S HIGH SCHOOL SOUTH RANGE NO.3, GAREBHAVI PALYA, MADIVALA POST NEAR SAI TEMPLE BENGALURU 560 068 &RESPONDENT (BY SRI. MADHUKAR NADIG.,ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC (FILED U/S 419(4) OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE ACQUITTAL ORDER PASSED BY THE HONBLE COURT XX ACMM IN C.C.NO.239/2022 DATED 16.05.2024 BY ALLOWING THIS CRIMINAL APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30260 CRL.A No. 1645 of 2024 ORAL JUDGMENT 1. This appeal is filed to set aside the acquittal order dated 16.05.2024 passed in C.C.No.239/2022 by the learned XX ACMM, Bengaluru. 2. Heard Sri. N.B.Nijalingappa, learned counsel for the appellant and Sri. Madhukar Nadig, learned counsel for respondent. 3. The appellant and the respondent are present before the Court physically and they are identified by their respective counsel. 4. The learned counsels for the respective parties have filed joint memo and the same is duly signed by the respective parties. The averments of the joint memo in paragraph No.2 reads as under: <2. The appellant and the accused have arrived at a compromise/settlement on the following terms and conditions: (a) Both parties have agreed to settle the matter for a sum of Rs.6,50,000/- (Rupees Six Lakhs Fifty thousand only) against the cheque amount of Rs.18,00,000/- (Rupees eighteen Lakhs only). - 3 - HC-KAR NC: 2025:KHC:30260 CRL.A No. 1645 of 2024 (b) The appellant has agreed that, the respondent already paid above settlement amount of Rs.6,50,000/- by way of Bank transfer in 3 installments as hereunder (c) First Installment paid by the respondent to the appellant on 10th May 2025 for a sum of Rs.2,00,000/- (Rupees two lakhs only) (d) Second Installment paid by the respondent to the appellant/complainant on 10th June 2025 for a sum of Rs.2,00,000/-(Rupees Two lakhs only) (e) Third Installment paid by the respondent/accused to the appellant/complainant today, through DD. No. 357056, drawn on Axis Bank, G.B.Paly Branch, Bengaluru dt: 07.07.25 for a sum of Rs.2,50,000/-(Rupees Two Lakhs Fifty thousand only). 5. In view of the settlement arrived at between the parties, it is appropriate to record the compromise in order to maintain quietus between the parties. 6. Accordingly, I proceed to pass the following: ORDER a) The criminal appeal is disposed of in terms of the compromise. - 4 - HC-KAR NC: 2025:KHC:30260 CRL.A No. 1645 of 2024 In view of the disposal of the appeal, pending applications, if any, stands disposed of. Sd/- (S RACHAIAH) JUDGE JS List No.: 2 Sl No.: 1