- 1 - HC-KAR NC: 2025:KHC-D:9218 CRL.A No. 100322 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL APPEAL NO.100322 OF 2018 (A) BETWEEN: M/S. SHRIRAM TRANSPORT FINANCE CO. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS ADMINISTRATIVE OFFICE AT MOOKAMBIKA COMPLEX, 3RD FLOOR, MYLAPORE, CHENNAI, HAVING ITS DIVISIONAL OFFICE AT 3RD FLOOR, KALBURGI SQUARE, OPP. VIVEKANAND HOSPITAL, HUBBALLI-580009, REPRESENTED BY ITS AUTHORISED SIGNATORY, AND POWER OF ATTORNEY HOLDER, SHRI PRAVEER SHETTY S/O. SACHIDANANDA SHETTY, AGE: 39 YEARS, OCC. FILED EXECUTIVE, SFTC, R/O. HUBBALLI. …APPELLANT (BY SRI. SHREEVATSA HEGDE, ADVOCATE) AND: NIZAMUDDIN S/O. GOUSMUDDIN BARUDWALE, AGE: MAJOR, OCC. BUSINESS, R/O. H.NO.13, VISHAL NAGAR, GUDIHAL ROAD, HUBBALLI, DIST. DHARWAD. …RESPONDENT (BY SRI. RAM P. GHORPADE, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER DATED 22.05.2018 PASSED BY THE PRL. CIVIL JUDGE & JMFC COURT, HUBBALLI, IN C.C.NO.801/2012 AND FURTHER BE TO CONVICT THE RESPONDENT IN ACCORDANCE WITH SECTION 138 OF NI ACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE RAJESH RAI K YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.07.25 15:55:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9218 CRL.A No. 100322 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE RAJESH RAI K) Today, this appeal is listed for final hearing, the parties have settled their dispute amicably and have filed a joint memo which reads as follows; “JOINT MEMO Herein, the joint memo of the Appellant and Respondent is as under. The Appellant is preferred an appeal against the acquittal order dated 22.05.2012 passed by the Prl Civil Judge and JMFC, Hubballi in C.C.No.801/2012 where as the Respondent is acquitted in N. I. Act. It is submitted that the matter was settled by both the parties for an amount of Rs.2,40,000/- (Two Lakh Forty Thousand Only). And the Respondent had paid Rs. 80,000/- (Eighty thousand Only) in Loan No.HUBLIO003280014 the receipt is produced along with this memo. 1)1st instalment was paid on 09.03.2024of Rs. 50,000/- 2)2ndinstalment was paid on28.03.2024 of Rs. 30,000/- Rs. 80,000/- It is further submitted that the balance amount of Rs. 80,000/- (Eighty Thousand only) has to be paid by the - 3 - HC-KAR NC: 2025:KHC-D:9218 CRL.A No. 100322 of 2018 Respondent and he has agreed to pay the Rs. 80,000/-(Eighty Thousand only) in four Installment of Rs. 20,000/- each (Twenty Thousand Only) i.e. in four months from August 2025 to November 2025. And the Appellant should not initiate any civil or criminal proceeding against the Respondent pertaining to the Loan No.HUBLIO003280014 in future. And on the above said settlement and matter may be disposed, in the interest of justice. Hence this joint memo.” 2. The appellant and respondent are present before this Court and they were identified by their respective counsels and they have admitted the terms of the compromise. Since the compromise entered into between the appellant and the respondent is lawful and is not prohibited by any law, the same is accepted. This appeal is filed against the judgment of acquittal passed in CC No.801/2012 on the file of the Principal Civil Judge and JMFC, Hubballi for the offences punishable under Section 138 of Negotiable Instrument Act, which is compoundable in nature, as such, the appeal stands disposed of in terms of the compromise. - 4 - HC-KAR NC: 2025:KHC-D:9218 CRL.A No. 100322 of 2018 3. In token of the acceptance of the terms of joint memo, the parties and their respective counsels have signed the order sheet of this Court. SD/- (RAJESH RAI K) JUDGE PJ Ct:pa LIST NO.: 1 SL NO.: 9