- 1 - HC-KAR NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018 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. 526 OF 2018 C/W CRIMINAL REVISION PETITION NO. 525 OF 2018 IN CRL.RP No. 526/2018 BETWEEN: SRI. B A SURESH KUMAR S/O ASWATHANARAYANASETTY B M AGED ABOUT 51 YEARS C/O ESHWAR DISTRIBUTORS, DISTRIBUTORS FOR VODAFONE, ESSAR SOUTH LIMITED PARLE PRODUCTS PVT LTD. NO.469, 3RD MAIN ROAD, SHASTRINAGAR, THYGARAJANAGAR, BENGALURU - 560 028. …PETITIONER (BY SRI. N. SURESHA, ADVOCATE) AND: SRI C PRABHAKAR S/O B.CHINNASWAMY, PROPRIETOR OF BENGALURU TRADERS, AGED ABOUT 53 YEARS, R/AT NO.38, 4TH CROSS, SRI RAMPURAM, BENGALURU - 560 021. …RESPONDENT (BY SRI. NANJUNDARADHYA B.G, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018 THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 12.04.2018 PASSED BY THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.834/2017 AND JUDGMENT AND SENTENCE DATED 05.05.2017 PASSED BY THE XVI ADDL.C.M.M., BENGALURU IN C.C.NO.9729/2015 BY ALLOWING THIS REVISION PETITION. IN CRL.RP NO. 525/2018 BETWEEN: SMT. V L KALPANA W/O. B.A. SURESH KUMAR, AGED ABOUT 50 YEARS C/O. ESHWAR DISTRIBUTORS, DISTRIBUTORS FOR VODAFONE, ESSAR SOUTH LIMITED PARLE PRODUCTS PVT. LTD., NO.469, 3RD MAIN ROAD, SHASTRINAGAR, THYGARAJANAGAR, BENGALURU - 560 028. ...PETITIONER (BY SRI. N SURESHA, ADVOCATE) AND: SRI. C PRABHAKAR S/O. B. CHINNASWAMY, PROPRIETOR OF BENGALURU TRADERS, AGED ABOUT 53 YEARS R/AT. NO.38, 4TH CROSS, SRI. RAMPURAM, BENGALURU - 560 021. ...RESPONDENT (BY SRI. NANJUNDARADHYA B.G, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 12.04.2018 PASSED BY THE LII ADDITIONAL CITY CIVIL - 3 - HC-KAR NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018 AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.835/2017 AND JUDGMENT AND SENTENCE DATED 05.05.2017 PASSED BY THE XVI ADDL.C.M.M., BENGALURU IN C.C.NO.9728/2015 BY ALLOWING THIS CRL.RP. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgments of conviction and sentence dated 05.05.2017 passed by XVI Additional Chief Metropolitan Magistrate, Bengaluru City in C.C.nos.9729/2015 and 9728/2015 confirmed in judgments dated 12.04.2018 passed by LII Additional City Civil & Sessions Judge, Bangalore City in Crl.A.nos.834/2017 and 835/2017, above Revision Petitions are filed. 2. Learned counsel for parties in above revisions submit that both parties have entered into settlement and petitioner has paid entire fine amount of Rs.3,25,000/- and Rs.5,00,000/- respectively to respondent - complainant, and therefore, Revision Petitions may be allowed. - 4 - HC-KAR NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018 3. Learned counsel for parties in above revision petitions filed terms of compromise under Section 147 of NI Act, which reads as follows : In Crl.RP.no.526/2018: "1. The Petitioner submits that he is being convicted in C.C.NO.9729/2015 on the file of XVI Additional Chief Judicial Magistrate Bengalore and sentenced to pay a fine of Rs.3,25,000/- and in default of payment of fine he shall undergo simple imprisonment for six months. 2. The Petitioner submits that Criminal Appeal is dismissed on 12.4.2018. 3. The Petitioner and Respondent on the advise of elders have compromised the case. 4. The Petitioner submits that he has paid the entire amount due to the respondent in full and final settlement. 5. The Petitioner submits that since the case is compromised." In Crl.RP.no.525/2018: "1. The Petitioner submits that he is being convicted in C.C.NO.9728/2015 on the file of XVI Additional Chief Judicial Magistrate Bengalore and sentenced to pay a fine of Rs.5,50,000/- and in default of payment of fine he shall undergo simple imprisonment for six months. 2. The Petitioner submits that Criminal Appeal no.835/2017 is dismissed on 12.4.2018. 3. The Petitioner and Respondent on the advise of elders have compromised the case. - 5 - HC-KAR NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018 4. The Petitioner submits that he has paid the entire amount due to the respondent in full and final settlement. 5. The Petitioner submits that since the case is compromised." 4. In both Revision Petitions parties are present and identified by their respective counsel. On interaction, they have stated that terms of compromise have been explained to them and after understanding same, they affirmed it out of their free will and volition without any threat, coercion or undue influence from anybody. 5. Perused terms of compromise. They appear to be lawful. Compromise Petitions are accepted. 6. In view of terms of compromise, both Revision Petitions are disposed of to extent and in terms of compromise. Judgments of conviction and sentence dated 05.05.2017 passed by XVI Additional Chief Metropolitan Magistrate, Bengaluru City in C.C.nos.9729/2015 and 9728/2015 confirmed in judgments dated 12.04.2018 passed by LII Additional City Civil & Sessions Judge, Bangalore City in - 6 - HC-KAR NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018 Crl.A.nos.834/2017 and 835/2017 are set aside. Petitioner in both Revision Petitions are acquitted of offence punishable under Section 138 of Negotiable Instruments Act. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 19