- 1 - HC-KAR NC: 2025:KHC-D:12709 CRL.P No. 103072 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103072 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. VIKRAM S/O MANIKCHAND RATHOD, AGED ABOUT 59 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. WRITER GALLI, HOSAYALLAPUR, DHARWAD-580 001. … PETITIONER (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: SRI. RAFEEQ S/O MOHAMMAD USMAN MULLA, AGED ABOUT 62 YEARS, OCC. PVT. SERVICE, R/O. BASAVA COLONY OPP. CHURCH, TQ. AND DIST. BELAGAVI-590 010. … RESPONDENT (BY SRI. TEJPAL A. KAMAL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE ORDER DATED 27.07.2024 PASSED BY THE LEARNED VI JMFC BELAGAVI CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C. NO.390/2024 IN OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12709 CRL.P No. 103072 of 2024 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court with a prayer to quash the order dated 27.07.2024 and the entire proceedings in C.C. No.390 of 2024 pending before the Court of VI-JMFC, Belagavi, registered for the offence punishable under Section 138 of the N.I. Act. 2. Heard the learned counsel for the parties. 3. Learned counsel appearing for the parties submit that during the pendency of this petition, the dispute between the parties has been settled and they have filed a joint memo reporting settlement and pray that the parties may be permitted to compound the alleged offence and consequently, the prayer made in this petition may be granted. 4. The parties who are present before the Court in-person are identified by their respective advocates. They - 3 - HC-KAR NC: 2025:KHC-D:12709 CRL.P No. 103072 of 2024 submit that the settlement between the parties is voluntary, without there being any undue influence and coercion. The joint compromise memo filed before the Court which is signed by the parties and their respective advocates dated 19.09.2025 is taken on record. In paragraph Nos.1 to 4 of the said joint compromise memo, it is stated as follows: “1. The petitioner and respondent with an intention to between maintain good and healthy relations themselves have entered into this joint compromise memo as under. 2. That the petitioner and respondent have entered into an compromise in the OS No. 284/2016 and 285/2016 on the file of I Addl Senior Civil Judge and CJM Belagavi. It is submitted that in turn the petitioner haderlieragreed to pay 20,00,000/- (Rupees Twenty Lakhs Only) and issued Cheque bearing No. 001602 dated 10.06.2024. 3. The respondent have presented the said Cheque bearing No. 001602 in the bank and said Cheque is dishonored and return with endorsement of signature differs, therefore the respondent has issued notice and filed the Criminal case in CC 390/2024 before the Hon'ble VI JMFC Belagavi. 4. The petitioner has filed the present petitioner for quashing of the criminal proceedings in the CC No. 390/2024. But in view of the amicable - 4 - HC-KAR NC: 2025:KHC-D:12709 CRL.P No. 103072 of 2024 settlement between the parties the parties are entered into this Joint compromise memo as per terms and conditions as under. A) The petitioner has agreed to pay 15,00,000/-(Rupees Fifteen Lakhs Only) insted of 20,00,000/- to the respondent under Cheque bearing No. 001636 dated 20.10.2025 of RBL Bank, Dharwad Branch and same is agreed and accepted by the respondent/complainant. B) The respondent has no right to claim the Mutual principal mentioned amount in the Understanding agreement dated 10.04.2023. also agreed that it is full and final settlement and the respondent will not claim any amount of compensation in the award of enhancement amount in future, and the respondent/ complainant is responsible to resolve any dispute raised by his family members in future with his own cost. C) The petitioner has agreed to honor the above Cheque as on the date mentioned without any objections, and the petitioner is liable for further proceedings, if the Cheque bearing No. 001636 is dishonored as on the date mention in the Cheque. D) The respondent has no objections to allow the present petition in terms of the joint compromise memo. - 5 - HC-KAR NC: 2025:KHC-D:12709 CRL.P No. 103072 of 2024 E) The parties have entered this joint compromise memo and settled the dispute with free will and wish without any coercion or pressure. F) Pass such other order as this Hon'ble Court deems fit in the circumstance of the case.” 5. The respondent, who is present in-person before the Court has admitted that he has received the Cheque bearing No.001636, dated 20.10.2025 drawn on RBL Bank, Dhrwad Branch from the petitioner. The alleged offence is compoundable in nature and having regard to the settlement arrived between the parties, wherein the respondent has agreed to receive a sum of ₹.15,00,000/- in lieu of ₹.20,00,000/-, from the petitioner under the aforesaid cheque, I am of the opinion that, the prayer made by the parties in the joint compromise memo and the prayer made by the petitioner in this petition needs to be granted. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:12709 CRL.P No. 103072 of 2024 (ii) The order dated 27.07.2024 and the entire proceedings in C.C. No.390 of 2024 pending before the Court of VI-JMFC, Belagavi, registered for the offence punishable under Section 138 of the N.I. Act, stands quashed. (iii) It is needless to state that, in the event the said cheque issued under the joint compromise memo is dishonoured, the petitioner is liable for the consequences as stated in the joint compromise memo. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 64