- 1 - HC-KAR NC: 2025:KHC:26451 CRL.RP No. 370 of 2024 C/W CRL.RP No. 366 of 2024 CRL.RP No. 1495 of 2024 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 370 OF 2024 C/W CRIMINAL REVISION PETITION No. 366 OF 2024, CRIMINAL REVISION PETITION No. 1495 OF 2024, CRIMINAL REVISION PETITION No. 1559 OF 2024. IN CRL.RP No. 370/2024 BETWEEN: SMT. SHIRLEY JANNIFER GOMES W/O MR. ALLWIN AGED ABOUT 34 YEARS R/AT NEST, No.9 R-STREET, SHANTHINAGAR BENGALURU – 560 027. …PETITIONER (BY SRI MANU SHANKAR S S, ADVOCATE) AND: MR CLADIUS LOBO S/O LATE BASIL LOBO AGED ABOUT 74 YEARS R/AT No.24, 2ND FLOOR CHURCH ROAD, SHANTHINAGAR BENGALURU – 560 027. …RESPONDENT (BY SRI NARAYANA SWAMY M, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26451 CRL.RP No. 370 of 2024 C/W CRL.RP No. 366 of 2024 CRL.RP No. 1495 of 2024 AND 1 OTHER THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.A.No.144/2023 DATD 23.02.2024 BY CONFIRMING THE ORDER PASSED BY THE LEARNED XX ACMM AT TIPTUR IN C.C.No.18409/2019 DATED 07.01.2023 AND ETC., IN CRL.RP No. 366/2024 BETWEEN: MR S ALLWIN GOMES S/O SUSAINATHAN.M AGED ABOUT 39 YEARS R/AT NEFT, No.9 R STREET, SHANTHINAGAR BENGALURU – 560 027. ...PETITIONER (BY SRI MANU SHANKAR S S, ADVOCATE) AND: MR. CLADIUS LOBO S/O LATE BASIL LOBO AGED ABOUT 74 YEARS R/AT No.24, 2ND FLOOR CHURCH ROAD, SHANTHINAGAR BENGALURU – 560 027. ...RESPONDENT (BY SRI NARAYANA SWAMY M, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-63), BENGALURU IN CRL.A.No.143/2023 DATED 23.02.2024 FOR CONFIRMING THE ORDER PASSED BY THE XX ADDL.C.M.M., BENGALURU IN C.C.No.18402/2019 DATED 07.01.2023 AND RECORD ACQUITTAL OF THE - 3 - HC-KAR NC: 2025:KHC:26451 CRL.RP No. 370 of 2024 C/W CRL.RP No. 366 of 2024 CRL.RP No. 1495 of 2024 AND 1 OTHER PETITIONER/ACCUSED BY ALLOWING THE ABOVE REVISION PETITION AND DISMISS THE COMPLAINT AND ETC., IN CRL.RP No. 1495/2024 BETWEEN: SMT. SHIRLEY JANNIFER GOMES W/O MR. SHIRLEY JANNIFER GOMES W/O MR. ALLWIN AGED ABOUT 34 YEARS R/AT NEST, No.9 R-STREET, SHANTHINAGAR BENGALURU – 560 027. …PETITIONER (BY SRI MANU SHANKAR S S, ADVOCATE) AND: MR CLADIUS LOBO S/O LATE BASIL LOBO AGED ABOUT 74 YEARS R/AT No.24, 2ND FLOOR CHURCH ROAD, SHANTHINAGAR BENGALURU – 560 027. …RESPONDENT (BY SRI NARAYANA SWAMY M, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AT D.K. MANGALURU IN CRL.A.No.96/2024 DATED 25.10.2024 FOR CONFIRMING THE ORDER PASSED BY THE LEARNED JMFC-V AT MANAGALURU IN C.C.No.1719/2019 DATED 27.03.2024 AND RECORD ACQUITTAL OF THE PETITIONER/ACCUSED BY ALLOWING THE ABOVE RP AND DISMISS THE COMPLAINT. - 4 - HC-KAR NC: 2025:KHC:26451 CRL.RP No. 370 of 2024 C/W CRL.RP No. 366 of 2024 CRL.RP No. 1495 of 2024 AND 1 OTHER IN CRL.RP No. 1559/2024 BETWEEN: MR. ALLWIN SO SUSAINATHAN M AGED ABOUT 39 YEARS R/AT NEFT No.9, R STREET SHANTHINAGAR BENGALURU – 560 027. ...PETITIONER (BY SRI MANU SHANKAR S S, ADVOCATE) AND: MR CLADIUS LOBO SO LATE BASIL LOBO AGED ABOUT 74 YEARS R/AT No.24, 2ND FLOOR CHURCH ROAD, SHANTHINAGAR BENGALRUU – 560 027. ...RESPONDENT (BY SRI NARAYANA SWAMY M, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C (FILED U/S 438 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED VI ADDL. DIST. AND SESSIONS JUDGE AT D.K., MANGALURU IN CRL.A.No.97 OF 2024 DATED 25.10.2024 FOR CONFIRMING THE ORDER PASSED BY THE LEARNED JMFC VAT MANGALURU, D.K. IN C.C.No.1718 OF 2019 DATED 27.03.2024 AND RECORD ACQUITTAL OF THE PETITIONER / ACCUSED BY ALLOWING THE ABOVE RP AND DISMISS THE COMPLAINT AND ETC., THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 5 - HC-KAR NC: 2025:KHC:26451 CRL.RP No. 370 of 2024 C/W CRL.RP No. 366 of 2024 CRL.RP No. 1495 of 2024 AND 1 OTHER ORAL ORDER 1. Petitioners in all the four cases and their learned counsel are present. 2. Respondent in all the four cases and his learned counsel are present. 3. A joint memo is filed and it is signed by petitioners, respondent and their respective learned counsel. As per the joint memo the matter is settled for Rs.10,83,000/- (Rs.5,63,000/- in deposit and Rs.5,20,000/- payable on or before 16.09.2025). Petitioners have no objection for the respondent withdrawing the amount in deposit, deposited by the petitioners before the trial Court in a sum of Rs.5,63,000/. Petitioners have agreed to pay the balance amount of Rs.5.20,000/- on or before 16.09.2025 by way of D.D. in favour of respondent before the trial Court. If petitioners fail to pay the balance amount of Rs.5,20,000/- as agreed, petitioners are ready to undergo sentence passed by the trial Court in all the 4 cases. Respondent has agreed to - 6 - HC-KAR NC: 2025:KHC:26451 CRL.RP No. 370 of 2024 C/W CRL.RP No. 366 of 2024 CRL.RP No. 1495 of 2024 AND 1 OTHER receive the balance amount of Rs.5,20,000/- from the petitioners on or before 16.09.2025. 4. In view of the above settlement, offence under Section 138 of Negotiable Instruments Act is compounded. In view of compounding of offence revision petition is disposed of as offence compounded. Respondent is permitted to withdraw Rs.5,63,000/- deposited by the petitioners before the trial Court. If the petitioners fail to pay the balance amount of Rs.5,20,000/- on or before 16.09.2025, the judgment passed by the trial Court in all the four cases will revive. 5. Respondent is directed to furnish his bank account details to the trial Court in order to enable the trial Court to transfer the amount in deposit to his Bank account directly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 34