- 1 - HC-KAR NC: 2025:KHC:51745 CRL.RP No. 875 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV CRIMINAL REVISION PETITION NO. 875 OF 2024 BETWEEN: 1. Y S V DATTA AGED ABOUT 68 YEARS S/O LATE SURYANARAYANA RESIDING AT YAGATI VILLAGE AND HOBLI, KADUR TALUK CHIKKAMAGALURU DISTRICT - 577 140 EX MLC PRESENTLY RESIDING AT NO. 135/B 6TH MAIN, 4TH BLOCK, RAJAJINAGAR BENGALURU - 560 010 … PETITIONER (BY SRI. RAMACHANDRA M B., ADVOCATE) AND: 1. SRI K NITHYANANDA S/O LATE KEMPANNA AGED ABOUT 40 YEARS RESIDING AT NO. 264, SRI BOGANANDISHWARA NILAYA A NARAYANAPURA DOORAVANINAGAR POST BENGALURU - 560 016 … RESPONDENT (BY SRI. CHANDRASHEKAR C., ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51745 CRL.RP No. 875 of 2024 THIS CRL.RP IS FILED U/S.397 AND 401 CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 02.12.2023 PASSED BY THE HON'BLE XLII ADDL.C.M.M., BENGALURU IN C.C.NO.31752/2022 FOR THE ALLEGED OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT WHICH IS CONFIRMED BY THE HON'BLE LXXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-82), IN CRL.A.NO.1865/2023 DATED 06.06.2024 IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR REPORTING SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present Criminal Revision Petition is filed seeking to set aside the order dated 02.12.2023 passed in C.C.No.31752/2022 by the Court of XLII Additional Chief Metropolitan Magistrate, Bengaluru for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881 ['N.I. Act' for short], which in turn had confirmed the order dated 06.06.2024 passed in Crl.A.No.1865/2023 by the Court of LXXXI Additional City Civil and Sessions Judge, Bengaluru (CCH-82). 2. The brief facts for the limited purpose of disposal of the present proceedings are that the - 3 - HC-KAR NC: 2025:KHC:51745 CRL.RP No. 875 of 2024 respondent-complainant had filed a complaint against the petitioner-accused for the offence punishable under Section 138 of the N.I. Act. It is submitted that during the pendency of the proceedings, a Joint Memo was filed and the petitioner-accused had undertaken to pay the amount to the respondent-complainant in installments. However, before payment could be completed, the order was passed convicting the petitioner. The said order came to be challenged by way of appeal, which came to be dismissed affirming the order of the learned Magistrate. 3. During the pendency of the present proceedings, joint memo is filed by both the parties. In terms of the joint memo, it is submitted that the petitioner-accused has paid the entirety of a sum of ₹13,80,000/- (rupees thirteen lakhs eighty thousand only) on different dates to the respondent-complainant and has complied with the orders impugned. Hence, both the parties seek to compound the said offence. - 4 - HC-KAR NC: 2025:KHC:51745 CRL.RP No. 875 of 2024 4. In light of the same, the joint memo filed by both sides under Section 147 of the N.I. Act is accepted. The parties are permitted to compound the offence punishable under Section 138 of the N.I. Act. The judgment of conviction and the order of sentence dated 02.12.2023 passed C.C.No.31752/2022 by the Court of XLII Additional Chief Metropolitan Magistrate, Bengaluru for the offence punishable under Section 138 of N.I. Act is set aside and as also the order dated 06.06.2024 passed in Crl.A.No.1865/2023 by the Court of LXXXI Additional City Civil and Sessions Judge, Bengaluru (CCH-82) confirming the judgment of trial Court also stands set aside. Accordingly, the petitioner herein who is accused before the trial Court is acquitted of the alleged offence punishable under Section 138 of the N.I. Act. 5. Accordingly, the Criminal Revision petition stands disposed of as compounded in terms of the Joint Memo filed by both the parties. - 5 - HC-KAR NC: 2025:KHC:51745 CRL.RP No. 875 of 2024 6. Registry is directed to transmit a copy of this order along with the Trial Court Records to the trial Court, and forward copy of this order to the First Appellate Court. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR