- 1 - HC-KAR NC: 2025:KHC:39040 CRL.RP No. 238 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 238 OF 2023 BETWEEN: 1. SRI PURUSHOTHAM PATEL @ BABU S/O SHIVAKUMAR SWAMY AGED ABOUT 49 YEARS, R/AT SRINIVASA AGRAHARA VILLAGE, K.SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK - 571 807. …PETITIONER (BY SRI. RAGHAVENDRA KATTIMANI M., ADVOCATE) AND: 1. SRI C.J. KUMARASWAMY S/O LATE NIJAYARAMAIAH AGED 54 YEARS, R/AT CHANDAGALU VILLAGE, SRIRANGAPATNA TALUK - 571 405. …RESPONDENT (BY SRI. K.O. VIJAYAKUMAR, ADVOCATE) THIS CRL.RP IS FILED U/S. 397 READ WITH SECTION 401 OF CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC AT SRIRANGAPATNA IN C.C.NO.538/2019 DATED 12.10.2021 WHEREIN THE TRIAL COURT HAS CONVICTED THE APPELLANT HEREIN FOR THE OFFENCE P/U/S 138 OF NI ACT SENTENCING HIM TO PAY A FINE OF SUM OF RS.5,10,000/- AND IN DEFAULT TO UNDERGO SIMPLE IMPRISONMENT FOR ONE YEAR AND ORDER PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANDYA IN CRL.A.NO.5038/2021 DATED 30.11.2022 WHEREIN APPELLATE COURT HAS CONFIRMED Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39040 CRL.RP No. 238 of 2023 FINE OF SUM OF RS.5,10,000/- AND UNDERGO SIMPLE IMPRISONMENT FOR ONE YEAR AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Learned counsel for the petitioner is present. 2. This matter was referred to the Mediation Centre to explore the possibility of settlement. The learned Mediator has forwarded the settlement report dated 16.09.2025. The petition is arising from the proceeding in C.C. No.538/2019 on the file of J.M.F.C., Srirangapatna and Criminal Appeal No.5038/2021 on the file of III Additional Sessions Judge, Mandya sitting at Srirangapatna. 3. In terms of the judgment passed by the Trial Court, the petitioner has directed to pay fine of Rs.5,15,000/- for an offence punishable under Section 138 of the Negotiable Instruments Act for dishonour of cheque - 3 - HC-KAR NC: 2025:KHC:39040 CRL.RP No. 238 of 2023 of Rs.5,00,000/-. The appellate Court has confirmed the conviction and sentence. Hence, the present petition. 4. In terms of the settlement arrived at between the parties, the complainant/respondent has received Rs.2,43,000/- on the date of settlement and Rs.2,57,000/- which is said to be deposited before the Trial Court has to be released in favour of the complainant/respondent. On such payment, complainant shall have no claim against the petitioner. 5. This Court does not find any impediment to accept the terms of the settlement. 6. The impugned judgment dated 30.11.2022 in Criminal Appeal No.5038/2021 on the file of III Additional Sessions Judge, Mandya (Sitting at Srirangapatna) and the judgment dated 12.10.2021 in C.C. No.538/2019 on the file of J.M.F.C. Srirangapatna are set-aside. - 4 - HC-KAR NC: 2025:KHC:39040 CRL.RP No. 238 of 2023 7. The amount in deposit before the Trial Court along with interest if any, shall be released in favour of the complainant/respondent. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 2 Sl No.: 3 ...