- 1 - HC-KAR NC: 2025:KHC:47794 CRL.RP No. 127 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 127 OF 2024 BETWEEN: K M KALLESH, S/O MAHALINGAPPA, 48 YEARS, R/AT GARDEN HOUSE, KALLEGOWDANAPALYA, KASABA HOBLI, TIPTUR TALUK, TUMAKURU - 572 101. …PETITIONER (BY SRI M SHASHIDHARA, ADVOCATE) AND: S R MARALUSIDDAPPA, S/O REVANNA, AGED ABOUT 70 YEARS, R/AT SASALU, SHETTIKERE HOBLI, HIKKANAYAKANAHALLI TALUK, TUMAKURU - 572 101. …RESPONDENT (BY SRI MANU SHANKAR S S., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION PASSED BY THE HONBLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU (SITTING AT TITUR) DATED 27.12.2023 IN CRL.A.NO.10035/ 2023 BY CONFIRMING THE JUDGMENT OF CONVICTION PASSED BY THE TRIAL COURT FOR OFFENCE P/U/S.138 OF NI ACT DATED 14.08.2023 IN C.C.NO.42/2018 PASSED BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC AT TIPTUR BY ACQUITTING THE PETITIONER. 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:47794 CRL.RP No. 127 of 2024 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment dated 27.12.2023 passed by V Addl. District & Sessions Judge, Tumakuru, (Sitting at Tiptur) in Crl.A.no.10035/2023 confirming judgment of conviction and order of sentence dated 14.08.2023 passed by Senior Civil Judge & JMFC, Tiptur, in C.C.no.42/2018, this revision petition is filed. 2. Learned counsel for parties jointly submitted that during pendency of revision petition, parties have settled matter for Rs.6,00,000/- in final and full settlement of respondent's claim under cheque in question. It is further stated that a sum of Rs.2,72,000/- in deposit before trial Court, which accused agrees for respondent/complaint to withdraw it and balance of Rs.3,28,000/- agreed to be paid by accused to respondent on or before 28.02.2026. It is also agreed by respondent that another cheque belonging to accused drawn on Canara Bank available with complainant would returned to accused at time of receiving balance payments. A joint memo to that effect is filed today. Terms of which reads as under: - 3 - HC-KAR NC: 2025:KHC:47794 CRL.RP No. 127 of 2024 "JOINT MEMO It is submitted that the matter is posted today before this Hon'ble court for admission. The both parties of this case settled the matter amicably out of the court. Both the parties settled the matter for Rs.6,00,000/- (Six Lakhs) as full and final settlement. The respondent agreed for the same. The petitioner already deposited the amount of Rs.2,72,000/- (Two Lakh Seventy two thousand) before the Hon'ble trial court and the remaining amount of Rs.3,28,000/- (Three Lakh Twenty eight Thousand) will be paid to the respondent on or before 28-02-2026. The respondent agreed the same. Further, the Respondent has possessed a Cheque of Canara Bank belonging to the petitioner. The respondent is ready to return the same to the petitioner before the aforementioned date. Therefore both the parties hereby seeking to this Hon'ble court may kindly dispose of the above case by acquitting the petitioner. Hence, this memo." 4. Perused terms of joint memo. Same is taken on record. 5. Petitioner and respondent are present and identified by their respective counsel. On interaction, they have stated that terms of joint memo were explained to them and after understanding same, they have affirmed it out of their free will and volition, without there being any threat, coercion or undue influence from anybody. Settlement is duly signed by both parties, whose signatures are identified by their respective counsel. - 4 - HC-KAR NC: 2025:KHC:47794 CRL.RP No. 127 of 2024 6. In view of terms of joint memo, this Criminal Revision Petition is disposed of; judgments dated 27.12.2023 passed by V Addl. District & Sessions Judge, Tumakuru, (Sitting at Tiptur) in Crl.A.no.10035/2023 confirming judgment of conviction and order of sentence dated 14.08.2023 passed by Senior Civil Judge & JMFC, Tiptur, in C.C.no.42/2018 are set aside. It is made clear that in case of failure to comply with terms of joint memo, accused would be liable to pay fine amount as ordered by trial Court. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 61