- 1 - HC-KAR NC: 2025:KHC:40361 CRL.RP No. 434 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 434 OF 2024 BETWEEN: RAGHU S/O LATE RANGANATHAPPA, AGED ABOUT 40 YEARS, COOLIE, R/AT KESHAVA NAGAR, SIRA TOWN, SIRA TALUK, TUMAKURU DISTRICT - 572 137. …PETITIONER (BY SRI SHIVAREDDY T N., ADVOCATE) AND: KUMAR S/O MARANNA, AGED ABOUT 44 YEARS, AUTO DRIVER, R/AT KOTE, WARD NO.13, MADHUGIRI ROAD, SIRA TOWN, SIRA TALUK, TUMAKURU DISTRICT - 572 137. …RESPONDENT (BY SRI NARASIMHA MURTHY S.P., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT AND SENTENCE DATED 09.06.2023 PASSED IN C.C.NO.2925/2021 BY THE PRINCIPAL CIVIL JUDGE AND JMFC., SIRA, WHICH HAS CONFIRMED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN CRL.A.NO.74/2023, ITS ORDER DATED 24.11.2023 AND ACQUIT THE PETITIONER BY ALLOWING THE ABOVE PETITION. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40361 CRL.RP No. 434 of 2024 THIS PETITION, COMING ON FOR HEARING ON I.A., THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Heard. IA.no.1/2021 filed for condonation of delay of 18 days in filing revision petition is allowed. 2. Challenging judgment dated 24.11.2023 passed by VII Addl. District & Sessions Judge, Tumakuru, in Crl.A.no.74/2023 confirming judgment of conviction and order of sentence dated 09.06.2023 passed by Principal Civil Judge and JMFC., Sira, in C.C.no.2925/2021, this revision petition is filed. 3. Learned counsel for parties submitted that during pendency of revision petition, parties have entered into settlement, wherein respondent/complainant agreed to receive a sum of Rs.50,000/- (Rupees fifty thousand only) in full and final settlement towards respondent's claim from petitioner in respect of cheque bearing no.792041 dated 30.11.2020 drawn on Karnataka Bank Limited, Sira Branch, Sira in terms of a joint memo, which reads as under: - 3 - HC-KAR NC: 2025:KHC:40361 CRL.RP No. 434 of 2024 "JOINT MEMO "1. It is submitted that, the petitioner/accused has filed the above case against the respondent for the set aside the sentence passed in CC No. 2925/2021 on the file Prl.Civil Judge & JMFC at Sira. It is submitted that now on the intervention of the friends and well-wishers of the both parties have decided to settle their dispute amicably on the following term and conditions:- 2. The petitioner/accused has agreed to pay a sum of Rs.50,000/- (Rupees Fifty thousand Only) out of fine amount of Rs.1,78,000/- (Rupees One Lakh Seventy Eighty Thousand Only) to the Respondent for which the Respondent/complainant has agreed to receive the same as full and final settlement towards his claims. 3. The petitioner/accused had paid said amount to Respondent and he has nothing more to be paid to the Respondent/complainant whatsoever in future and both of them accept and acknowledge the same. 4. Both the parties entered into the compromise, have signed the above joint memo by understanding the terms/contents of the same to the language known to them before their respective advocates. WHEREFORE both the parties pray that this Hon'ble court be pleased to set-aside the sentence passed in CC no. 2925/2021 on the file of Prl. Civil Judge & JMFC at Sira, as per in terms of joint memo, in the interest of justice and equity." 4. Perused joint memo. Same is taken on record. 5. Parties are present and identified by their respective counsel. On interaction, they have stated that terms of joint memo were explained to them and after understanding same, - 4 - HC-KAR NC: 2025:KHC:40361 CRL.RP No. 434 of 2024 they have affirmed it out of their free will and volition without there being any threat, coercion or undue influence from anybody. Respondent acknowledges receipt of Rs.50,000/- from petitioner. 6. In view of terms of joint memo, this Criminal Revision Petition is allowed; concurrent judgment of conviction and order of sentences dated 24.11.2023 passed by VII Addl. District & Sessions Judge, Tumakuru, in Crl.A.no.74/2023 and dated 09.06.2023 passed by Principal Civil Judge and JMFC., Sira, in C.C.no.2925/2021 are set aside. In view of disposal of revision petition, IA no.2/2024 filed for suspension of sentence is unnecessary. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 22