- 1 - HC-KAR NC: 2025:KHC:27629 CRL.RP No. 928 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO.928 OF 2018 (397(Cr.PC) / 438(BNSS)) BETWEEN: T H MANJUNATHA S/O. LATE. T D HULLURAIAH, AGED 43 YEARS, R/O. KOTHI THOPU, NEAR OLD TILES FACTORY, TUMKURU-572127. &PETITIONER (BY SRI. KISHAN G.S., ADV.) AND: NATARAJU R. S/O. LATE. VENKATASWAMAIH, AGED ABOUT 48 YEARS, R/O. H. NAGASANDRA, TOVINAKERE, CHANNARAYANADURGA (H), KORATAGERE TALUK, TUMKUR DISTRICT-572127. &RESPONDENT (BY SRI. SUBHASH CHANDRA BOSE, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 21.07.2018 IN CRL.A.NO.5016/2017, PASSED BY THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT MADHUGIRI, AND THE JUDGMENT AND SENTENCE PASSED BY THE CIVIL JUDGE AND JMFC, KORATAGERE IN C.C.NO.209/2008, DATED 13.04.2017, BY ALLOWING THIS RP. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27629 CRL.RP No. 928 of 2018 ORAL ORDER Advocates appearing for both sides present. Revision petitioner is also present. Both the Counsels have filed joint memo stating that the matter is settled for Rs.4,00,000/-. It is also submitted that the accused had already deposited an amount of Rs.2,90,000/- in Q No.430/2018-19 dated 20th November, 2018 and Rs.10,000/- vide R No.0515155 dated 16th May, 2017. The contents of the compromise petition was read over and explained to the petitioner. Petitioner has accepted the same voluntarily, and the learned counsel for the respondent also accepted the contents of memo of settlement. 2. Hence, settlement is recorded. The trial Court is directed to disburse the amount of Rs.2,90,000/- and Rs.10,000/- deposited respectively in Q No.430/2018-19 dated 20th November, 2018 and vide R No.0515155 dated 16th May, 2017, in favour of the complainant in accordance with law. The accused shall pay the balance amount of Rs.1,00,000/- on or before 30th August, 2025. If the respondent is not available, the revision petitioner shall deposit the amount of Rs.1,00,000/- before the trial Court on or before 30th August, 2025. If the accused-revision petitioner fails to pay the balance - 3 - HC-KAR NC: 2025:KHC:27629 CRL.RP No. 928 of 2018 amount of Rs.1,00,000/- by the said date, the order of the trial Court automatically stands revived. It is also made clear that if the revision petitioner/accused fails to pay the amount of Rs.1,00,000/- by the abovementioned date, the accused shall pay the remaining amount of Rs.3,00,000/-. 3. Subject to the observation made above, the judgment of conviction and order on sentence dated 13th April, 2017 passed in CC No.209 of 2008 by the Civil Judge & JMFC, Koratagere which is confirmed by the IV Additional District & Sessions Judge at Madhugiri in Criminal Appeal No.5016 of 2017 dated 21st July, 2018, is set aside. Accused is acquitted of the offences under Section 138 of Negotiable Instruments Act, 1881. Registry to send the copy of this order along with the trial Court records to the concerned Court. Criminal revision petition is accordingly disposed of. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 28