- 1 - HC-KAR NC: 2025:KHC:48559 CRL.RP No. 1404 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1404 OF 2022 BETWEEN: SMT. S THARA BAI W/O SRI. SOMOJI RAO AGED ABOUT 49 YEARS R/A HOUSE NO. 21, 1ST MAIN ROAD OPP. MANASA BAKERY SWATHANTHRA NAGAR, AYYAPPANAGAR, K.R. PURAM BANGALORE - 560 049. …PETITIONER (BY SRI. SRIKANTH N.V, ADVOCATE) AND: SRI. K. ANANDA REDDY S/O SRI. RAMI REDDY, AGED ABOUT 68 YEARS, R/A NO. 13 /B, VENKATESHWARA NILAYA 2ND MAIN, AYYAPPANAGAR K.R. PURAM, BANGALORE - 560 049. …RESPONDENT (BY SRI. K. PRABHAKAR, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 23.09.2022 PASSED IN CRIMINAL APPEAL NO.25098/2021 ON THE FILE OF LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT MAYO HALL BENGALURU THEREBY DISMISSED THE CRIMINAL APPEAL FILED BY THE PETITIONER THEREBY CONFIRMING THE JUDGMENT OF CONVICTION AND SENTENCE DATED 19.04.2021 PASSED IN C.C.NO.58743/2018 ON THE FILE XXXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, BENGALURU AND CONSEQUENTLY ALLOW THE ABOVE PETITION. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48559 CRL.RP No. 1404 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment of conviction and sentence dated 19.04.2021 passed by XXXVIII Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, in C.C.no.58743/2018 and confirmed in judgment dated 23.09.2022 by LXXII Additional City Civil & Sessions Judge at Mayo Hall, Bengaluru (CCH-73), in Crl.A.no.25098/2021, this Revision Petition is filed. 2. Learned counsel for parties submit that during pendency of this Revision Petition, parties have entered into settlement and an application is filed under Section 147 of Negotiable Instruments Act, 1881 ('N.I. Act') reporting settlement. 3. As per terms, accused has agreed to pay a sum of Rs.7,55,000/- in full and final settlement of respondent's claim under cheque in question. It is stated that a sum of Rs.3,82,500/- was deposited in C.C.no.58743/2018 and - 3 - HC-KAR NC: 2025:KHC:48559 CRL.RP No. 1404 of 2022 Rs.1,40,000/- on 16.09.2021, Rs.5,000/- on 31.07.2021, Rs.2,26,500/- dated 29.03.2023 and Rs.11,000/- dated 29.03.2023 in terms of order passed by this Court. 4. Petitioner has no objection for respondent - complainant to withdraw same and balance of Rs.3,67,500/- is being paid through demand draft no.277840 dated 19.11.2025 drawn on Canara Bank, K.R.Puram Branch, Bengaluru. Thus, it is prayed to acquit accused for offence punishable under Section 138 of N.I. Act. All these terms are reduced into writing in Compromise Petition, which is signed by both parties, is placed and same reads as follows- "1. The above revision petition is filed by the petitioner questioning the impugned judgment dated: 23.09.2022 passed in Criminal Appeal No. 25098/2021 on the file of LXXII Additional City Civil & Sessions Judge at Mayo Hall (CCH-73) Bengaluru thereby dismissed the criminal appeal filed by the petitioner thereby confirming the judgment of conviction and sentence dated: 19.04.2021 passed in C.C. No. 58743/2018 on the file of XXXIII Additional Chief Metropolitan Magistrate, Mayohall unit, Bengaluru. 2. The petitioner humbly submits that after hearing the above revision petition, this Hon'ble court was pleased to suspend the judgment of sentence and order of conviction passed by the trial court with a condition to deposit the 50% of the fine amount on 15.12.2022 and directed to execute bond for a sum of Rs.50,000/-with two sureties to the satisfaction - 4 - HC-KAR NC: 2025:KHC:48559 CRL.RP No. 1404 of 2022 of trial court. Accordingly, the petitioner deposited a sum of Rs.3,82,500/- before the trial court on various dates thereby complied the order passed by this Hon'ble Court. 3. The petitioner and respondent humbly submits that in view of the intervention of elders and well wishers to solve the dispute/issues raised between the petitioner and respondent to put an end to that dispute/issue. Hence the petitioner and respondent are jointly filing the above application on the following terms- 4. The petitioner submits that, the petitioner agreed to pay total sum of Rs.3,67,500/- to the respondent out of Rs.7,55,000/- as order by the trial court in the following manner:- a. The petitioner has agreed to pay Rs.7,50,000/ as full and final settlement. Out of which the petitioner has deposited Rs.3,82,500/- in C.C. No.58743/2018 on the file XXXIII Additional Chief Metropolitan Magistrate, Mayo hall unit, Bengaluru ie., Rs.1,40,000/- on 16.09.2021, Rs.5,000/- on 31.07.2021, Rs.2,26,500/- dated: 29.03.2023 and Rs. 11,000/- dated: 29.03.2023 in terms of the interim order passed by this Hon'ble court on 24.03.2023. b. Now the petitioner agreed to pay another sum of Rs. 3,67,500/- to the respondent today vide demand draft bearing No 277840 dated 19.11.2025 in favor of the respondent. The respondent agreed to receive the said amount from petitioner without any condition including the petitioner has deposited the fine amount before the trial court. 5. The petitioner has no objection to withdraw sum of Rs.3,82,500/- which was deposited before the Trial Court in C.C.No.58743/2018 on file of XXXIII Additional Chief Metropolitan Magistrate Mayo Hall Unit, Bengaluru. 6. The petitioner and respondent submits that the said compromise petition is filed before this Hon'ble court after obtaining instructions from the petitioner and respondent and the terms of the compromise - 5 - HC-KAR NC: 2025:KHC:48559 CRL.RP No. 1404 of 2022 petition was understood by the petitioner and respondent without any undue influence, coercion or compulsion and pressure from anybody. Wherefore the petitioner humbly prays that this Hon'ble court may be pleased to acquit the petitioner for the offence punishable under section 138 of NI Act by allowing the above application in the interest of justice." 5. Parties are present and identified by their respective counsel. On interaction, they have stated that terms of compromise have been explained to them and after understanding same, they have affirmed it out of their free will and volition without there being any threat, coercion or undue influence from anybody. 6. Perused terms of compromise. They appear to be lawful. Compromise Petition is accepted. 7. Revision Petition is allowed to extent and in terms of settlement. Judgment of conviction and sentence dated 19.04.2021 passed by XXXIII Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, in C.C.no.58743/2018 and confirmed in judgment dated 23.09.2022 by LXXII Additional City Civil & Sessions Judge at Mayo Hall, Bengaluru (CCH-73), in Crl.A.no.25098/2021 is set aside. Petitioner is - 6 - HC-KAR NC: 2025:KHC:48559 CRL.RP No. 1404 of 2022 acquitted of offence punishable under Section 138 of Negotiable Instruments Act. A direction is issued to Trial Court to release amount in deposit in favour of complainant. Registry shall transmit Trial Court records forthwith. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 23