- 1 - HC-KAR NC: 2025:KHC:40138 CRL.RP No. 1218 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1218 OF 2023 BETWEEN: SRI MOHAMMED HANEEF S/O ABDUL WAHEB, AGED ABOUT 42 YEARS, R/AT BELAPU, KAIP TALUK, UDUPI DISTRICT - 572 101. …PETITIONER (BY SMT. DEEPTHI SHETTY, ADV. FOR SRI M R BALAKRISHNA DHANANJAYA KUMAR, ADV.) AND: ZAREENA BANU S/O LATE USMAN SHEIK, AGED ABOUT 45 YEARS, R/AT SHIRBEEDU TOWERS, NEAR CITY BUS STAND, UDUPI TALUK AND DISTRICT - 572 101. …RESPONDENT (BY SMT. AYSHA,ADVOCATE) THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT DATED 07.06.2023 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT UDUPI IN CRL.A.NO.30/2023 AND ALSO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 24.01.2023 IN C.C.NO.2917/2021 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC UDUPI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40138 CRL.RP No. 1218 of 2023 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment dated 07.06.2023 passed by II Addl. District & Sessions Judge, Udupi, in Crl.A.no.30/2023 confirming judgment of conviction and order of sentence dated 24.01.2023 passed by Addl. Civil Judge and JMFC., Udupi, in C.C.no.2917/2021, this revision petition is filed. 2. Counsel for parties submitted that during pendency of revision petition, parties have entered into settlement, wherein petitioner has made payment of Rs.5,00,000/- (Rupees five lakhs only) in full and final settlement towards respondent's claim in present case and in another case in terms of a joint memo, which reads as under: "JOINT MEMO FOR SETTLEMENT The Respondent in the above criminal revision petition respectfully submit as follows: 1. It is submitted that the above Criminal Revision Petition arise out of proceedings initiated under Section 138 of the Negotiable Instruments Act, 1881, in respect of dishonour of cheque for a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only). The Petitioner has challenged the judgment of conviction and order of sentence passed by the Learned Trial Court. - 3 - HC-KAR NC: 2025:KHC:40138 CRL.RP No. 1218 of 2023 2. It is submitted that during the pendency of the present Criminal Revision Petition, the parties have amicably settled their disputes in respect of the subject matter of the present case without any coercion, force, or undue influence. The parties have agreed to settle the matter for a total sum of Rs.5,00,000/- (Rupees Five Lakhs only) in full and final settlement. 3. It is submitted that the Petitioner/Accused is presently in judicial custody in connection with the above case. The Respondent hereby undertakes and admits that a total sum of Rs.5,00,000/- (Rupees Five Lakhs only) has been received on 28.09.2025, towards full and final settlement of all claims arising out of the cheque transaction which forms the subject matter of the present proceedings. 4. It is submitted that upon receipt of the aforesaid settlement amount of Rs.5,00,000/- (Rupees Five Lakhs only), the Respondent/Complainant shall have no further claims, civil or criminal, of any nature whatsoever against the Petitioner/Accused in respect of the subject matter of the present case or in another case i.e., Crl.P.1218/23. 5. The parties pray that this Hon'ble Court may kindly record the settlement and dispose of the above Criminal Revision Petition in terms of this Joint Memo. 6.The Petitioner is in the Judicial Custody since 03.10.2025 in Shivamogga Central Prison. WHEREFORE, the parties respectfully pray that this Hon'ble Court may be pleased to take this Joint Memo on record and Dispose of the above Criminal Revision Petition as settled and Pass such other or further orders as this Hon'ble Court may deem fit in the interests of justice and equity." 3. Perused joint memo. Same is taken on record. - 4 - HC-KAR NC: 2025:KHC:40138 CRL.RP No. 1218 of 2023 4. In view of terms of joint memo, this Criminal Revision Petition is allowed; concurrent judgment of conviction and order of sentences dated 07.06.2023 passed by II Addl. District & Sessions Judge, Udupi, in Crl.A.no.30/2023 and dated 24.01.2023 passed by Addl. Civil Judge and JMFC. Udupi, in C.C.no.2917/2021, are set aside. Since petitioner is stated to be in judicial custody in Shivamogga Central Prison on conviction under above orders, which are now set-aside, registry is directed to intimate Jail Authorities about above order to facilitate his release. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 2 Sl No.: 1