- 1 - HC-KAR NC: 2025:KHC-D:14947 CRL.RP No. 100431 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL REVISION PETITION NO.100431 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: SHRI. P RAJENDRA PRASAD S/O. P. ANJINAPPA, AGE. 42 YEARS, OCC. BUSINESS, R/O. NEAR MARKANDESHWARA TEMPLE, HOSAPETE-BALLARI MAIN ROAD, KUREKOPPA VILLAGE-583123, TQ. SANDUR, DIST. BALLARI. …PETITIONER (BY SRI. J. BASAVARAJ, ADVOCATE) AND: SHRI. RAMAKRISHNA SA PAWAR S/O. LATE HANUMANTHA SA PAWAR, AGE. 44 YEARS, OCC. BUSINESS, R/O. W.NO.1, JANATHA COLONY, TORANAGALLU VILLAGE-583123, TQ. SANDUR, DIST. BALLARI. …RESPONDENT (BY SRI. PRAVEEN KUMAR G., ADVOCATE AND SRI. D.V. PATTAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W 442 OF BNSS, PRAYING TO, SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT) BALLARI IN CRL.A.NO.24/2024 DATED 24.08.2024 AND THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, BALLARI IN .C.C. NO.1288/2020 DATED 20.04.2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND SET THE PETITIONER AT LIBERTY IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14947 CRL.RP No. 100431 of 2024 THIS CRIMINAL REVISION PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsel for the petitioner filed a compromise petition under Section 147 of the Negotiable Instruments Act, 1881, read with Section 320 of Cr.P.C., stating that the matter has been settled between the petitioner and the respondent. 2. The averments of the said compromise petition from paragraph No.5 onwards are reads as under: “5. Hence, with intervention of elders and their advice the petitioner and Respondent have arrived at compromise and accordingly the following are the terms and conditions: a) That the Respondent has voluntarily consented for the said compromise petition without being subjected to coercion or threat and shall withdraw all the allegations made against the Petitioner herein. b) That the Respondent has voluntarily consented/agreed for compounding of the - 3 - HC-KAR NC: 2025:KHC-D:14947 CRL.RP No. 100431 of 2024 offences punishable u/s 147 of the NI Act R/w Section 320 of CrPC, 1973 with the petitioner for the offence punishable under section 138 of Negotiable Instruments Act with the kind leave of this Hon'ble Court. c) That Respondent shall institute any case against Petitioner with respect to the same cause of the action. d) That the petitioner and Respondent has agreed to settle the matter for one time settlement in terms of their settlement agreement dated 29.10.2025 i.e., That Petitioner shall pay an amount of Rs. 17,00,000/-(in words Rupees Seventeen Lakhs) to the Complainant and the Petitioner has already paid Rs.10,00,000 and the remaining amount of Rs. 7,00,000 (in words Rupees Seven lakhs only) shall be paid on or before 29.11.2025 and in lieu of the security of the same a post-dated cheque dated 29.11.2025 bearing No. 535078 has been handed over to the Complainant. The Petitioner shall also undertake to fulfill the terms of settlement as agreed thereof. e) If Petitioner defaults at paying the remainder balance of Rs. 10,00,000/- the Respondent is at liberty to recourse any remedy - 4 - HC-KAR NC: 2025:KHC-D:14947 CRL.RP No. 100431 of 2024 In law against the default of reminder payment against the Petitioner only. f) The Respondent has no Impendent for Immediate release of petitioner who is currently serving the sentence imposed upon him. This Hon'ble Court may be pleased to permit the relative of the Petitioner for compounding of the offence punishable under section 138 of NI Act on his behalf as the petitioner is currently serving the sentence imposed by the Courts Below.” 3. Considering the averments made in the compromise petition, there is no embargo on this Court to record the settlement. 4. Accordingly, I proceed to pass the following: ORDER. i) The petition is allowed in terms of the compromise petition. ii) The judgment dated 20.04.2024 passed in C.C.No.12888/2020 by the Principal Civil Judge and JMFC, Ballari, and confirmed in Criminal Appeal No.24/2024 vide judgment dated 24.08.2024 by the IV Additional - 5 - HC-KAR NC: 2025:KHC-D:14947 CRL.RP No. 100431 of 2024 District and Sessions Judge (Exclusive Dedicated Commercial Court), Ballari, are hereby set aside. iii) The petitioner/accused is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. iv) The bail bonds executed, if any, stands cancelled. v) The Registry is directed to communicate this order to the Superintendent of Prison, Ballari. vi) The Superintendent of Prison is directed to release the accused forthwith, in case, if he is not required in any other cases. vii) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD / List No.: 2 Sl No.: 32