- 1 - HC-KAR NC: 2025:KHC:28180 CRL.RP No. 193 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO. 193 OF 2018 (397(Cr.PC) / 438(BNSS)) BETWEEN: SMT. VANAJA D/O LATE RAJARATHNAM K S AGED ABOUT 44 YEARS R/AT NO.59, 9TH CROSS, UBMVC LAYOUT, PEENYA III PHASE, R G NAGAR, BENGALURU-560058 …PETITIONER (BY SRI. CHANDRASHEKAR P.PATIL, ADV.) AND: L BALARAM SINGH S/O LAKSHMAN SINGH AGED ABOUT 46 YEARS, R/AT NO. RAJKUMAR CIRCLE GORAGUNTEPALYA, BENGALURU-560022. …RESPONDENT (BY SRI. C. RAVI KUMAR, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 17.06.2016 PASSED BY THE XII A.C.M.M., AT BENGALURU IN C.C.NO.14239/2014 AND TO KINDLY SET ASIDE THE JUDGMENT DATED 02.02.2018 IN CRL.APPEAL NO.804/2016 PASSED BY LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-70) BANGALORE. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28180 CRL.RP No. 193 of 2018 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER Both counsel as well as both parties are present. 2. A joint memo is filed by both the parties in which it is stated as under: "Petitioner and respondent submits as under: 1. Due to the intervention of friends, relatives and well-wishers, both parties have settled the dispute for a sum of Rs.2,50,000/- as against fine amount of Rs.3,05,000/-. 2. The petitioner has already deposited a sum of Rs.1,36,000/- before the Court below. Today petitioner has paid Rs.60,000/- by way of cash. The petitioner has agreed to pay balance amount of Rs.54,000/- on or before 30.09.2025 and respondent has agreed to receive a sum of Rs.2,50,000/- from the petitioner, towards full and final settlement in respect of cheque involved in the above case and there are no more financial transactions between them. 3.Petitioner has no objection to release the deposited amount to the respondent. Hence, in view of the settlement, both parties humbly pray that this Hon'ble Court be pleased to set aside the order dated 02.2.2018, passed by the learned LXIX Addl. City Civil and Sessions Judge, Bengaluru in Crl.A.No.804/2016, confirming the order of conviction dated 17.06.2016, passed by the - 3 - HC-KAR NC: 2025:KHC:28180 CRL.RP No. 193 of 2018 XII Addl. Chief Metropolitan Magistrate at Bengaluru in CC.No.1239/2014, in the interest of justice and equity." 3. Joint memo is accepted and placed on record. 4. In view of joint memo, the judgment of conviction and order on sentence dated 17.06.2016 passed by the Court of XII Addl. Chief Metropolitan Magistrate, Bengaluru in C.C.No.14239/2014 which is confirmed by the judgment dated 02.02.2018 passed by the LXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-70) in Crl.Appeal No.804/2016 are set aside. 5. The accused is acquitted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. 6. As per joint memo, the respondent is permitted to receive an amount of Rs.60,000/- (Rupees Sixty thousand only) which is paid by way of cash and also permitted to receive an amount of Rs.1,36,000/- (Rupees One lakh thirty six thousand only), which is already deposited by the revision petitioner before the Trial Court. The Trial Court is also directed to disburse the amount of Rs.1,36,000/- to the - 4 - HC-KAR NC: 2025:KHC:28180 CRL.RP No. 193 of 2018 respondent/complainant, which is deposited by the revision petitioner on proper identification. 7. The revision petitioner shall pay the balance amount of Rs.54,000/- on or before 30.09.2025. If the revision petitioner fails to pay the said amount within the specified date, respondent is entitled to recover full fine amount imposed by the Court below in accordance with law. 8. As such, the revision petition stands disposed of in terms of joint memo. Sd/- (G BASAVARAJA) JUDGE SSD List No.: 1 Sl No.: 22