- 1 - HC-KAR NC: 2025:KHC:31031 CRL.RP No. 506 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 506 OF 2023 BETWEEN: MR PADMANABHAIAH, S/O LATE C VENKATASWAMI, AGED ABOUT 64 YEARS, CHAIRMAN VILLAGE STUDIO RESORT AND SPA, SY NO.143/2A, NANDINI HILLS CROSS, HEGGADAHALLI POST, TUBEGER HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL-561205. …PETITIONER (BY SRI NAGARAJA K G, ADVOCATE) AND: M/S SUMUKHA ENTERPRISES, HAVING ITS OFICE AT NO.74, 5TH CROSS, JAIMARUTHINAGAR, YESHWANTHPUR, BENGALURU-560022, REP. BY ITS PROPRIETOR S ANAND. …RESPONDENT (BY SMT MALAVIKA C, ADVOCATE FOR SMT URMILA PULLAT, ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION ORDER DATED 08.10.2020, IN C.C.NO.556 OF 2019 PASSED BY THE XXII ACMM, AT BENGALURU AND ALSO SET ASIDE THE ORDER DATED 20.01.2023 PASSED IN CRL.APL.NO.771 OF 2020 ON THE FILE OF THE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-64) AT BENGALURU WHERE THE APPELLANT COURT HAS CONFIRMED THE ORDER OF CONVICTION AND ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENT ACT. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31031 CRL.RP No. 506 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Office objections are over-ruled. 2. This petition is against the concurrent finding of the Courts below under Section 138 of the Negotiable Instruments Act. Petitioner is sentenced to pay fine of Rs.1,50,000/- on account of dishonour of cheque of Rs.1,22,731/-. 3. Learned counsel for the petitioner submits that petitioner has deposited 50% of the fine amount before the Trial Court. Respondent/complainant has filed an application for release of the said amount. 4. Learned counsel for the petitioner submits that dispute is amicably settled. - 3 - HC-KAR NC: 2025:KHC:31031 CRL.RP No. 506 of 2023 5. Petitioner/accused is present before the Court. Respondent/complainant is also present before the Court. Parties are identified by their respective counsel. 6. Learned counsel for the petitioner and the respondent jointly submit that in addition to the amount in deposit, accused has agreed to pay Rs.70,000/- towards full and final settlement of his claim which the complainant has agreed to receive. 7. Complainant who is present before the Court admits that dispute is settled and he is entitled to withdraw the amount in deposit, and also Rs.70,000/- to be paid by way of demand draft. 8. Petitioner has also handed over a demand draft bearing No.496867 dated 08.08.2025 for Rs.70,000/- drawn on Central Bank of India. The complainant who is present before the Court acknowledges the demand draft. 9. Considering the submissions, settlement is accepted. - 4 - HC-KAR NC: 2025:KHC:31031 CRL.RP No. 506 of 2023 10. Joint memo filed by the petitioner and the respondent is accepted and is taken on record. 11. Hence, the following: ORDER (i) Petition is disposed of. (ii) The judgment dated 08.10.2020 passed by the Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.556/2019 and the judgment dated 20.01.2023 passed by the Sessions Judge, Bengaluru in Criminal Appeal No.771/2020 are set-aside. (iii) The amount in deposit shall be released in favour of the complainant/respondent. (iv) Bail bond stands cancelled. (v) Accused is acquitted. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 7