- 1 - HC-KAR NC: 2025:KHC-D:8070 CRL.A No. 100220 of 2017 C/W CRL.A No. 100221 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL APPEAL NO.100220 OF 2017 (A) C/W CRIMINAL APPEAL NO. 100221 OF 2017 IN CRL.A.NO.100220/2017: BETWEEN: P. BHEEMA REDDY S/O. P. MALLAREDDY, AGE: 48 YEARS, OCC. SENIOR MANAGER IN JSW, THORANAGALLU CUM AGRICULTURIST, R/O. DOOR NO.159/5D, TAHASILDAR COMPOUND, OPP. NCC OFFICE, CONTONMENT, BALLARI. …APPELLANT (BY SRI. J. BASAVARAJ, ADVOCATE) AND: H. SREENVASA REDDY S/O HULUKAL HANUMA REDDY, AGE: 51 YEARS, OCC. PROPRIETOR OF M/S. VENKATESHWARA AGRO CHEMICALS, NO.3, HAVINAL BASANNA COMPLEX, K.C. ROAD, BALLARI, R/O. D.NO.5, WARD NO.21, OLD WARD NO.18, SBI COLONY, MOKA ROAD, BALLARI. …RESPONDENT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4) OF CR.P.C., SEEKING TO CALL FOR RECORDS IN C.C.NO. 1372 OF 2015 (P.C.NO. 10 OF 2012) ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC BALLARI, PERUSE THE SAME AND TO ALLOW THIS APPEAL AND TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 15.3.2017 YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.06.27 10:58:37 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8070 CRL.A No. 100220 of 2017 C/W CRL.A No. 100221 of 2017 AND CONVICT THE ACCUSED FOR HAVING COMMITTED AN OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT BY IMPOSING SENTENCE OF IMPRISONMENT AND SENTENCE OF FINE AS PROVIDED IN LAW AND TO DIRECT PAYMENT OF CHEQUE AMOUNT AND THE FINE AMOUNT TO THE APPELLANT /COMPLAINANT IN THE EVENT OF CONVICTION AND SENTENCE OF THE RESPONDENT / ACCUSED. IN CRL.A.NO.100221/2017: BETWEEN: P. BHEEMA REDDY S/O. P. MALLAREDDY, AGE: 48 YEARS, OCC. SENIOR MANAGER IN JSW, THORANAGALLU CUM AGRICULTURIST, R/O. DOOR NO.159/5D, TAHASILDAR COMPOUND, OPP. NCC OFFICE, CONTONMENT, BALLARI. …APPELLANT (BY SRI. J. BASAVARAJ, ADVOCATE) AND: H. SREENVASA REDDY S/O. HULUKAL HANUMA REDDY, AGE: 51 YEARS, OCC. PROPRIETOR OF M/S. VENKATESHWARA AGRO CHEMICALS, NO.3, HAVINAL BASANNA COMPLEX, K.C. ROAD, BALLARI, R/O. D.NO.5, WARD NO.21, OLD WARD NO.18, SBI COLONY, MOKA ROAD, BALLARI. …RESPONDENT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4) OF CR.P.C., SEEKING TO CALL FOR RECORDS IN C.C.NO. 1380 OF 2015 (P.C.NO. 11 OF 2012) ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC, BALLARI, PERUSE THE SAME AND TO ALLOW THIS APPEAL AND TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 15.3.2017 AND CONVICT THE ACCUSED FOR HAVING COMMITTED AN OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT BY IMPOSING SENTENCE OF IMPRISONMENT AND SENTENCE OF FINE AS PROVIDED IN LAW AND TO DIRECT PAYMENT OF CHEQUE AMOUNT AND THE FINE AMOUNT TO THE APPELLANT/COMPLAINT IN THE EVENT OF CONVICTION AND SENTENCE OF THE RESPONDENT / ACCUSED. - 3 - HC-KAR NC: 2025:KHC-D:8070 CRL.A No. 100220 of 2017 C/W CRL.A No. 100221 of 2017 THESE APPEALS, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE RAJESH RAI K) The appellant and respondent are present before the Court along with their respective counsels. They submitted that they have settled the dispute amicably by way of compromise and to that effect, they have filed compromise petition under Section 320 of Cr.P.C./Section 360 of BNSS 2023 read with Section 147 of the Negotiable Instruments Act, 18811. 2. Today, before this Court, the respondent/accused has paid a sum of Rs.1 lakh to the appellant/complainant by way of cash and the appellant acknowledges the same, as full and final settlement in respect of two cheques bearing Nos.093729 & 093723. Both the parties have affixed their signatures on the compromise petition including their respective advocates. 1 Hereinafter referred to as ‘NI Act’ for short - 4 - HC-KAR NC: 2025:KHC-D:8070 CRL.A No. 100220 of 2017 C/W CRL.A No. 100221 of 2017 3. Since the offence under Section 138 of NI Act is compoundable even at the appellate stage, the compromise petition is accepted and same is taken on record. 4. In view of the same, both appeals are disposed of in terms of the compromise petition. SD/- (RAJESH RAI K) JUDGE JTR CT:PA LIST NO.: 1 SL NO.: 1