- 1 - HC-KAR NC: 2025:KHC:52808 CRL.RP No. 301 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 301 OF 2018 BETWEEN: MANJUNATH BHAT S/O. LATE BHAT PARAMESHWARAYYA, AGED ABOUT 70 YEARS R/AT "SRIDEVI", NEAR NH 17, BRAHMAVARA, VARAMBALLI VILLAGE, UDUPI TALUK - 576 213. …PETITIONER (BY SRI. K. PRASAD HEGDE, ADVOCATE) AND: M.S RIPATHI RAO (SINCE DECEASED), SMT. ANUPAMA DEVI MATTU, AGE MAJOR, R/AT MATTU VILLAGE, UDUPI TALUK AND DISTRICT - 576 101. …RESPONDENT (BY SRI. PRASANNA V.R, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 08.08.2011 MADE IN C.C.NO.5428/2000 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., UDUPI AND THE ORDER DATED 23.01.2018 PASSED BY THE PRINCIPAL SESSIONS JUDGE, UDUPI IN CRL.A.NO.48/2011 IN WHICH CONFIRMED THE ORDER MADE IN ABOVE C.C.NO.5428/2000 AND TO ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I. ACT. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52808 CRL.RP No. 301 of 2018 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Learned counsel for petitioner has filed a Memo along with Memorandum of Settlement stating that matter was referred to Mediation wherein settlement has been arrived at between parties. 2. Memorandum of Settlement is drawn, wherein accused has agreed to settle claims of respondent - complainant by paying a sum of Rs.8,50,000/- in full and final settlement, out of which Rs.5,00,000/- is deposited before Trial Court and accused agrees for respondent - complainant withdrawing same and balance amount of Rs.3,50,000/- is agreed to be paid in 11 monthly instalments of Rs.30,000/- each commencing from September 2025 and remaining Rs.20,000/- to be paid in one lumpsum on 12th month. Settlement terms are reduced into writing in Memorandum of Settlement, which is signed by parties, is placed and same reads as follows- - 3 - HC-KAR NC: 2025:KHC:52808 CRL.RP No. 301 of 2018 " MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 I. The above revision petition is filed by the petitioner(accused) seeking to set aside the order dated 08.08.2011 made in C.C.No.5428/2000 passed by the III Addl. Civil Judge and JMFC, Udupi and the order dated 23.01.2018 made in Crl.A No.48/2011 passed by the Principal Sessions Judge, Udupi District, Udupi in which confirmed the order made above C.C.No.5428/2000 and to acquit the petitioner for the offence punishable under section 138 of N.I.Act, in the Interest of justice. II. The order passed in C.C.No.5428/2000 passed by the III Addl. Civil Judge and JMFC, Udupi and the order dated 23.01.2018 made in Crl.A.No.48/2011 passed by the Principal Sessions Judge, Udupi District, Udupi read as "The Accused is hereby convicted for the offence punishable under section 138 of Negotiable Instrument Act by acting u/s 255(2) of Cr.P.C. The accused is hereby sentenced to pay a fine of Rs.12,00,000/- (Rupees Twelve Lakhs Only). Out of the said fine amount of Rs.2,00,000/- (Rupees Two Lakhs Only) shall be paid to the complainant as compensation and remaining amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) shall be paid to the complainant being the cheque amount. III. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioner(Accused) was appeared through video conference and he is identified by his advocate and his son Sri. Ambarish.B and the respondent was represented by Smt. Anupama Devi Mattu along with her advocate present in person to resolve the dispute and they have agreed the following terms and conditions: - 4 - HC-KAR NC: 2025:KHC:52808 CRL.RP No. 301 of 2018 1. The petitioner(Accused) undertakes to pay a total sum of Rs.8,50,000/- (Rupees Eight Lakhs Fifty Thousand Only) to the respondent to satisfy the order passed in C.C.No.5428/2000 passed by the III Addl. Civil Judge and JMFC, Udupi and the order dated 23.01.2018 and the respondent has accepted the same. 2. The respondent is entitled to withdraw a sum of Rs.5,00,000/-(Rupees Five Lakhs Only) along with any interest accrued which was deposited by the petitioner (Accused) before the III Addl. Civil Judge and JMFC, Udupl and the petitioner(Accused) have no objection for the same. And the sum of Rs.5,00,000/-(Rupees Five Lakhs Only) is to be treated as the part payment against the total amount of Rs.8,50,000/- (Rupees Eight Lakhs Fifty Thousand Only). 3. The parties have agreed that the remaining amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) will be paid in installments by way of RTGS/Googlepe/Phonepe/online transfer. The bank details and the phone No. of the respondent as follows: Name: Anupama Devi Mattu A/c No. 055801534484 IFSC: ICIC0000552 Bank: ICICI Bank Ltd. Phone No. 8050377173 4. It is agreed between the parties that the remaining balance amount of Rs. 3,50,000/- (Rupees Three Lakhs Only) will be paid @ of Rs.30,000/- (Rupees Thirty Thousand Only) for first 11 months commencing from September 2025 for the last installment of Rs.20,000/- (Rupees Twenty Thousand Only) will be paid in 12 month. The monthly installment shall be paid on or before 10th of every English calendar month. 5. Both the parties have agreed that the aforesaid payments of aforesaid installments if paid through the account of the Sri Ambarish.B who is the son of the petitioner(Accused) and the - 5 - HC-KAR NC: 2025:KHC:52808 CRL.RP No. 301 of 2018 same shall be treated towards the discharge of the liability. 6. Both the parties have agreed that in case of the default of the above payment the Review Petitioner agrees to pay the entire fine amount imposed by order dated 08.08.2011 made in C.C.No.5428/2000 passed by the III AddI. Civil Judge and JMFC, Udupi. 7. Both parties state that apart from the above they have no claims in whatsoever nature against each other either in past, present. 8. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this into this compromise in the aforesaid manner. IV. In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to allow the above review petition by granting prayer sought therein in terms of the aforesaid agreement. V. The petitioners have to appear before the Hon'ble Court as directed and when the date of appointment given by this Hon'ble Court for passing appropriate orders in terms of the agreement." 3. Counsel for parties and respondent - complainant is present. Petitioner - accused is absent. Counsel for petitioner submits that he has been duly instructed to affirm settlement on behalf of petitioner - accused. It is also agreed that in case of failure to pay any of instalment as agreed, petitioner - accused agrees to pay entire fine amount as per order of Trial Court. - 6 - HC-KAR NC: 2025:KHC:52808 CRL.RP No. 301 of 2018 4. Respondent-complainant, on interaction, it is stated that terms of settlement have been 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. 5. Memorandum of Settlement is accepted. 6. Revision Petition is disposed of as settled. Judgment of conviction and sentence dated 08.08.2011 in C.C.no.5428/2000 passed by III Additional Civil Judge & JMFC, Udupi, and confirmed in judgment dated 23.01.2018 passed by Principal Sessions Judge, Udupi District, Udupi, in Crl.A.no.48/2011 is set aside. Petitioner is acquitted of offence punishable under Section 138 of Negotiable Instruments Act. Trial Court is directed to release amount in deposit, if any, in favour of complainant. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 2