- 1 - HC-KAR NC: 2025:KHC:51585 CRL.RP No. 603 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 603 OF 2017 BETWEEN: MRS.VEENA DAMODAR, W/O DAMODHARA, AGED ABOUT 42 YEARS, R/A SANNIDHI, ASSAI COLONY PANCHANADY, MANAGALURU - 575 006. …PETITIONER (BY SRI HAREESH BHANDRARY T., ADVOCATE) AND: SRI BALAKRISHNA, S/O KESHAVA PATIL, AGED ABOUT 42 YEARS, R/AT DEEKSHA, RAJKAMAL LAYOUT, JEPPINAMOGARU, MANGALURU - 575 006. …RESPONDENT (BY SRI GIRISH M.V., ADVOCATE FOR SRI NISHIT KUMAR SHETTY, ADVOCATE) THIS CRL.RP IS FILED U/S.397(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 14.03.2016 PASSED BY J.M.F.C.-IV COURT, MANGALURU IN C.C.NO.740/2014 AND JUDGMENT AND ORDER DATED 17.04.2017 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, IN CRL.A.NO.79/2016 AND ACQUIT PETITIONER. THIS PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51585 CRL.RP No. 603 of 2017 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment dated 17.04.2017 passed by IV Additional District and Sessions Judge, D.K., Mangaluru, in Crl.A.no.79/2016 confirming judgment dated 14.03.2016 passed by JMFC (IV Court), Mangaluru, in CC no.740/2014, this revision petition is filed. 2. Sri MV Girish, learned counsel for petitioner submitted that this revision petition is against concurrent findings convicting petitioner (accused) for offence punishable under Section 138 of Negotiable Instruments Act, 1881 ('NI Act' for short). 3. It was submitted, during pendency of appeal, by order dated 18.07.2025, matter was referred for mediation. Since parties were residing in Mangalore, matter was referred to Mangalore Mediation Centre. Report is received from said mediation centre stating that parties have participated in mediation, which has resulted in settlement and terms of which are drawn in memorandum of settlement placed before Court - 3 - HC-KAR NC: 2025:KHC:51585 CRL.RP No. 603 of 2017 and prayed that petition may be disposed of in terms of settlement. 4. Memorandum of settlement reads as under: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 The Parties above named respectfully submit as follows: 1. The Petitioner has filed Criminal Revision Petition to set aside the judgment and conviction dated 17.04.2017 passed by the Hon'ble IV Addl. District & Sessions Judge, D.K., Mangaluru in Crl. Appeal No.79/2016 confirming the judgemnet of conviction and order of sentence dated 14.03.2016 passed by the JMFC IV Court, Mangaluru in C.C.No.740/2014. 2. The aforesaid criminal revision petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, both the Petitioner and the Respondent along with their Advocates are present and the parties have resolved their dispute and have agreed to the following terms and conditions. 3. Terms & Conditions: a) Both the parties have settled their dispute amicably. The Petitioner has agreed to pay a total sum of Rs.2,75,000/- (Rupees Two Lakh Seventy Five Thousand Only) to the Respondent as full and final settlement of the case. - 4 - HC-KAR NC: 2025:KHC:51585 CRL.RP No. 603 of 2017 b) Out of the said amount, the Petitioner has paid an amount of Rs.50,000/- to the Respondent on 31.10.2025 by way of cash and the Respondent admits the receipt of the same. 4. That the Petitioner has already deposited a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) before the Trial Court on 12.05.2016 and the Petitioner further agreed that she has no objection to release the deposited amount of Rs.25,000/- (Rupees Twenty Five Thousand Only) in favour the Respondent and the Respondent is authorized to receive the deposited amount of Rs.25,000/- (Rupees Twenty Five Thousand Only) before the Trial Court. 5. The Petitioner has agreed to pay the balance amount of Rs.2,00,000/- (Rupees Twenty Lakhs Only) in two installments to the Respondent agreed for the same. The 1st installment of Rs.1,00,000/- (Rupees One Lakh Only)shall be paid by the Petitioner to the Respondent on or before 10.12.2025 and the 2nd installment of Rs.1,00,000/- (Rupees One Lakh Only)shall be paid by the Petitioner to the Respondent on or before 10.01.2026. 6. Any violation of this undertaking shall constitute a material breach of this Agreement and entitle the aggrieved Party to seek appropriate legal remedies. 7. In view of the aforesaid agreement entered into between the parties, both the parties pray that this Hon'ble Court may be pleased to set aside the conviction dated 17.04.2017 passed by the Hon'ble IV Addl. District & Sessions Judge, D.K., Mangaluru in - 5 - HC-KAR NC: 2025:KHC:51585 CRL.RP No. 603 of 2017 Crl. Appeal No.79/2016 confirming the judgemnet of conviction and order of sentence dated 14.03.2016 passed by the JMFC IV Court, Mangaluru in C.C.No.740/2014, on terms of this agreement. 8. Parties will appear before the Hon'ble Court for passing necessary Orders." 5. It was submitted, in terms of settlement, accused has agreed to pay Rs.2,75,000/- towards full and final claims of complainant. Complainant has received part payment of Rs.50,000/- on 31.10.2025. It was submitted, accused has deposited Rs.25,000/- before trial Court on 12.05.2016 and he has no objection for complainant to withdraw same and accused has agreed to pay remaining amount of Rs.2 Lakhs in two installments, required to be paid on 10.12.2025 and 10.01.2026. 6. Memorandum of settlement is duly signed by both parties, whose signatures are identified by their respective counsel and settlement is reported by them. 7. I have perused terms of settlement and same are found to be lawful. Memorandum of settlement is taken on record and accepted. - 6 - HC-KAR NC: 2025:KHC:51585 CRL.RP No. 603 of 2017 8. In terms of settlement, this Criminal Revision petition is disposed of by setting aside judgment dated 17.04.2017 passed by IV Additional District and Sessions Judge, D.K., Mangaluru, in Crl.A.no.79/2016 confirming judgment dated 14.03.2016 passed by JMFC (IV Court), Mangaluru, in C.C.no.740/2014 and acquitting petitioner of offence alleged. As agreed, trial Court is directed to release amount in deposit in favour of respondent - complainant. To enable withdrawal, Registry is directed to transmit TCR forthwith. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 63