Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39149 CRL.RP No. 795 of 2020 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.795 OF 2020 BETWEEN:
MR. MOHAMMED NATIQ AGED ABOUT 36 YEARS S/O ABDUL KHALAQ NO.62, 1ST CROSS B S A ROAD FRAZER TOWN POST BENGALURU-560065 …PETITIONER (BY SRI. CHANDRASHEKHARA REDDY K.N., ADVOCATE) AND:
MR. DEEPAK RAO S/O LATE RAMAKRISHNA RAO AGED ABOUT 43 YEARS R/AT NO.22 KANDASWAMY MODALIAR STREET FRAZER TOWN BENGALURU-560065 …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 03.08.2020 PASSED BY THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-65) IN CRL.A.NO.2334/2018 AND THE ORDER PASSED BY THE VIII ADDL.SCJ AND XXXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU (SCCH-5) IN CC.NO.26282/2012 DATED 22.10.2018 AND ETC. Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39149 CRL.RP No. 795 of 2020
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is arising from the concurrent finding in the proceedings in C.C.No.26282/2012 on the file of XXXIII Additional Chief Metropolitan Magistrate, Bengaluru and Crl.A.No.2334/2018 on the file of LXIV Additional City Civil and Sessions Judge, Bengaluru.
2. The Trial Court convicted the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced the accused to pay a fine of Rs.2,65,000/-. It is noticed that the cheque was issued for a sum of Rs.2,65,000/-. The appeal filed by the accused is dismissed confirming the conviction and sentence passed by the Trial Court. Hence, the present petition by the accused.
3. The matter was referred to the mediation. The learned Mediator has submitted the report. This Court has perused the report. The report is signed by the petitioner as well as the respondent.
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HC-KAR NC: 2025:KHC:39149 CRL.RP No. 795 of 2020
4. The report signed by the parties would indicate that the complainant is entitled to withdraw an amount of Rs.1,32,500/- along with interest accrued at the said deposit before the Trial Court and balance amount of Rs.67,500/- is already paid to the complainant on 01.09.2025.
5. The report would indicate that the complainant has agreed to give a discharge to the petitioner/accused on receipt of Rs.2,00,000/-. Since the report would reveal that the claim of the complainant would be satisfied on receipt of Rs.1,32,500/- in deposit before the Trial Court in addition to Rs.67,500/- received by way of cash on 01.09.2025, the conviction and sentence are set aside in terms of the settlement arrived at before the learned Mediator.
6. The amount of Rs.1,32,500/-, which is in deposit before the Trial Court along with interest, if any, shall be released to the complainant/respondent.
7. Hence, the following:
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HC-KAR NC: 2025:KHC:39149 CRL.RP No. 795 of 2020
ORDER (i) The petition is allowed in terms of the settlement. (ii) The judgment dated 03.08.2020 in Criminal Appeal No.2334/2018 on the file of LXIV Sessions Judge, Bengaluru and the
judgment dated 22.10.2018 in C.C. No.26282/2012 on the file of XXXIII Additional Chief Metropolitan, Bengaluru are set-aside pursuant to the settlement referred to above. SD/- (ANANT RAMANATH HEGDE) JUDGE SN List No.: 2 Sl No.: 1