- 1 - HC-KAR NC: 2025:KHC:49413 CRL.RP No. 166 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 166 OF 2023 BETWEEN: SATHISH RAO S/O LATE B. ANAND RAO AGED ABOUT 62 YEARS RESIDING AT NO.2-8-685/1 YESHASWI, BARE BYLU ROAD BEJAI KAPIKADU MANGALORE-575 006. …PETITIONER (BY SRI SHIVAKUMAR .D.K, ADVOCATE) AND: RAJESH EXPORTS LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT REGD. OFFICE AT BATAVIA CHAMBERS KUMARA PARK EAST BENGALURU - 560 001. REP. BY AUTHORISED REPRESENTATIVE M. MALIK …RESPONDENT (BY SRI RAJU .P, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO SET ASIDE JUDGMENT AND ORDER DATED 18.01.2019 PASSED BY LII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.405/2016 AND ALSO JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 11.12.2005 PASSED BY XXI A.C.M.M., BENGALURU IN C.C.NO.5955/2005 AND ACQUIT PETITIONER FROM ALLEGED OFFENCE. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49413 CRL.RP No. 166 of 2023 THIS PETITION, COMING ON FOR HEARING ON I.A., THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment dated 18.01.2019 passed by LII Additional City Civil and Sessions Judge, Bengaluru, in Crl.A.no.405/2016 confirming judgment dated 11.12.2005 passed by XXI ACMM, Bengaluru, in CC.no.5955/2005, this revision petition is filed. 2. Sri DK Shivakumar, 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. Learned counsel for parties submitted, during pendency of revision petition, parties have settled dispute amicably wherein accused has agreed to pay Rs.14 Lakhs towards full and final claim of respondent (complainant) under cheque in question. Learned counsel has filed joint memo, - 3 - HC-KAR NC: 2025:KHC:49413 CRL.RP No. 166 of 2023 which is placed before Court and prayed that revision petition may be disposed of in joint memo. 4. Joint memo reads as under: "JOINT MEMO "The Petitioner has been filed this Petition to set aside the Judgment and Order of Conviction passed by the XXI Additional Chief Metropolitan Magistrate Court at Bengaluru in C.C. No.5955/2005 dated 11.12.2025 and also to set aside the order confirmed by the Hon'ble LII Additional City Civil and Sessions Judge at Bengaluru (CCH-53) in Criminal Appeal NO.405/2016 dated 18.01.2019 before this Hon'ble Court. The Petitioner and Respondent have been mutually agreed to settle the matter between the parties and accordingly, the Petitioner/Accused has agreed to pay the total fine amount of Rs. 14,00,000/- (Rupees Fourteen Lakhs Only) to the Respondent/Complainant in two equal installments as follows: i) On 15.12.2025 for a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) ii) On 15.04.2026 for a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) The Respondent/Complainant has also agreed to receive the amount of Rs.14,00,000/- as full and final settlement by way of D.D., in favour of Respondent/Complainant - 4 - HC-KAR NC: 2025:KHC:49413 CRL.RP No. 166 of 2023 Company from the Petitioner/Accused and the Respondent has also agreed that, they will not claim any amount in future against the Petitioner/Accused. If the Petitioner/Accused has deposited any amount deposited before the trail court, the complainant/respondent is at liberty to withdrawn the said amount out of Rs. 14,00,000/-. If any amount is deposited by the Petitioner/Accused, after deduction of the said amount, the Petitioner has to pay remaining amount to the Respondent. If the Petitioner/Accused fails to comply in terms of joint memo, the Complainant/Respondent is at liberty to proceed against the Petitioner/Accused. The Petitioner and Respondent prays that this Hon'ble Court be pleased to set-aside the judgment dated 18.01.2019, passed by Appellate Court and judgment dated 11.12.2015 passed in Trial Court, consequently acquit the Accused/Petitioner. The Petitioner and Respondent prays that, this Hon'ble Court may be pleased to accept this joint memo on record and dispose off the above petition in terms of joint memo in the interest of justice." 5. It was submitted, in terms of joint memo, accused has agreed to pay total sum of Rs.14 Lakhs to complainant as full and final settlement towards all claims. It was submitted, sum of Rs.7 Lakhs would be paid on 15.12.2025 and remaining - 5 - HC-KAR NC: 2025:KHC:49413 CRL.RP No. 166 of 2023 sum of Rs.7 Lakhs would be paid on 15.04.2026. It is also agreed between parties that complainant is permitted to withdraw any amount deposited by accused before trial Court and to give credit for said sum while receiving balance payment. It is also agreed that in case, accused fails to make payment in terms of above settlement, complainant would be at liberty to proceed against accused for fine amount. 6. Joint memo is duly signed by both parties and their respective counsel. Parties are present and are identified by their respective counsel. 7. On interaction, parties have stated that they have been explained terms and conditions of settlement and after understanding same, they have affirmed same out of their free will and volition without there being any threat, coercion or undue influence from anybody. 8. I have perused joint memo and same is found lawful and hence, taken on record. 9. In terms of settlement, this Criminal Revision Petition is disposed of by setting aside judgment dated - 6 - HC-KAR NC: 2025:KHC:49413 CRL.RP No. 166 of 2023 18.01.2019 passed by LII Additional City Civil and Sessions Judge, Bengaluru, in Crl.A.no.405/2016 confirming judgment dated 11.12.2005 passed by XXI ACMM, Bengaluru, in CC no.5955/2005, and acquitting petitioner of offence alleged and as agreed, in case of non compliance, complainant would be at liberty to proceed against accused for entire fine amount. As agreed, trial Court is directed to release amount in deposit, if any, in favour of respondent - complainant. To enable withdrawal, Registry is directed to transmit TCR forthwith. In view of disposal of revision petition, I.A.no.2/2025 does not survive for consideration and same is disposed of. SD/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 12