- 1 - HC-KAR NC: 2025:KHC:39148 CRL.RP No. 911 of 2025 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.911 OF 2025 BETWEEN: SRI. K.B. NAGESH S/O LATE BORA SHETTY, AGED ABOUT 51 YEARS, R/AT NO.16, 11TH ‘B’ CROSS, PIPE LINE ROAD, BHUWANESHWARI NAGAR, T. DASARAHALLI, BENGALURU-560057. …PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: SRI. VARUN SOUHARDAHA CREDIT CO-OPERATIVE LTD., BY ITS SECRETARY, S.J. NAGENDRA KUMAR, AGED ABOUT 46 YEARS, NO.617, 4TH CROSS, 5TH MAIN, HANUMANTHANAGAR, BENGALURU-560072. …RESPONDENT (BY SMT. ANITHA K R, ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT ORDER DATED 27.02.2015 IN C.C.NO.2146/2014 PASSED BY THE LEARNED XXVI ADDL. CHIEF METROPOLITON MAGISTRATE, BENGALURU CITY IN CRL.A.NO.494/2019 ORDER DATED 15.03.2024 PASSED BY LXIV ADDITIONAL CITY CIVIL AND SESSINS JUDGE (CCH-65) AT Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39148 CRL.RP No. 911 of 2025 BENGALURU AND CONVICT THE ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT 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 This petition is filed assailing the concurrent finding in a proceeding under Section 138 of the Negotiable Instruments Act (for short ‘N.I. Act’). 2. The matter was referred to the mediation to explore the possibilities of settlement. The learned Mediator has submitted the report reporting the settlement and terms of the settlement are incorporated in writing. 3. The terms of the settlement are signed by the parties. 4. Learned counsel for the petitioner and the learned counsel for the respondent are present. The petitioner and the representative of the respondent are present. 5. The Trial Court has convicted the petitioner to pay a fine of Rs.15,00,000/- for the offence punishable under - 3 - HC-KAR NC: 2025:KHC:39148 CRL.RP No. 911 of 2025 Section 138 of N.I. Act and the Appellate Court had confirmed the conviction and sentence passed by the Trial Court. 6. After going through the terms and conditions of the settlement arrived between the parties, accepting the same, conviction and sentence are set aside. 7. Accordingly, the impugned judgment 15.03.2024 in Criminal Appeal No.494/2019 on the file of LXIV Sessions Judge at Bengaluru and the judgment dated 27.02.2015 in C.C. No.2146/2014 on the file of XXVI Chief Metropolitan Magistrate, Bengaluru are modified in terms of the settlement. 8. The amount in deposit, as agreed shall be released in favour of the complainant/respondent. SD/- (ANANT RAMANATH HEGDE) JUDGE SN List No.: 2 Sl No.: 19