- 1 - HC-KAR NC: 2025:KHC:47055 CRL.RP No. 155 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 155 OF 2024 BETWEEN: MR. H. R. SRINIVAS REDDY S/O. H. N. RAGHURAM REDDY, AGED ABOUT 50 YEARS, R/AT NO. 468, 3RD CROSS, BEHIND LAKSHMI NARAYANA TEMPLE, HOODI VILLAGE, MAHADEVAPURA POST, BENGALURU - 560 048. …PETITIONER (BY SRI RAJESH GOWDA, ADVOCATE) AND: MRS. V. PRABHA W/O. PURUSHOTHAMA REDDY, AGED ABOUT 65 YEARS, R/AT NO. 30, 'SAI NIVAS', 5TH CROSS, VEERABHADRA LAYOUT, OPP. TATA SHERWOOD APARTMENTS, BASAVANAGARA, BENGALURU-560 037. …RESPONDENT (BY SRI SHIVAKUMAR P., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C., PRAYING TO SET ASIDE THE ORDER PASSED IN CRL.A.NO.25174/2023, DATED 20.11.2023 PASSED BY THE XIII ADDL.CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT BENGALURU AND SET ASIDE THE ORDER PASSED IN C.C.NO.53776/2019 DATED 26.05.2023, PASSED BY THE XXXIV A.C.M.M MAYO HALL BENGALURU (A.C.MM.M 34) Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47055 CRL.RP No. 155 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment dated 20.11.2023 passed by XIII Additional City Civil and Sessions Judge, Bengaluru, in Crl.A.no.25174/2023 confirming judgment dated 26.05.2023 passed by XXXIV ACMM, Bengaluru, in CC no.53776/2019, this revision petition is filed. 2. Sri Rajesh Gowda, 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, that parties have settled dispute amicably wherein petitioner (accused) has agreed to pay Rs.9,75,000/- towards full and final claim of respondent (complainant) under cheque in question. Learned counsel has - 3 - HC-KAR NC: 2025:KHC:47055 CRL.RP No. 155 of 2024 filed joint memo, 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 FILED BY PETITIONER AND RESPONDENT 1. The respondent as complainant has filed above complaint under section 138 of NI Act against the petitioner/ accused, for a sum of Rs.10,00,000/- {Rupees Ten Lakhs Only} before the XXXIV Additional Chief Metropolitan Magistrate, Mayohall unit, Bengaluru {ACMM-34}, in CC No.53776/2019 and the Hon'ble trial court has convicted the petitioner / accused and directed to pay a sum of Rs.11,81,000/- to the complainant / respondent and in default to undergo simple imprisonment for 1 year.. 2. The petitioner / accused filed an appeal against the conviction order, before the XIII Addl. City Civil and Sessions Judge Mayohall unit, Bangalore, in Criminal Appeal No.25174/2023, and the Hon'ble First Appellate court dismissed the appeal on 20.11.2023, by modifying the sentence from 1 year to 6 months.. 3. The petitioner aggrieved by the Judgment dated 20.11.2023, in Criminal Appeal No.25174/2023, passed by the XIII Additional City Civil & Sessions Judge, Mayohall unit, Bengaluru, which confirmed the Judgement dated 26.05.2023 in CC.No.53776/2019, passed by XXXIV Additional Chief Metropolitan Magistrate, Mayohall unit, Bengaluru {ACMM-34}, the Petitioner prefers the above Revision Petition. The petitioner in compliance of the conditional order of First Appellate court, on 19.07.2023, deposited a sum of Rs.2,00,000/- before the trial court and in compliance conditional order of this Hon'ble court, the petitioner deposited a sum of Rs.2,74,000/- - 4 - HC-KAR NC: 2025:KHC:47055 CRL.RP No. 155 of 2024 and the petitioner has totally deposited a sum of Rs.4,74,000/- before the trial court. 4. The matter is settled between the petitioner and respondent, amicably and the accused / petitioner has agreed to pay a sum of Rs. 9,75,000/- {Rupees Nine Lakhs Twenty-Five Thousand Only}, as full and final settlement to the respondent / complainant, in the following manner:- a} Rs.4,74,000/- {Rupees Four Lakhs Seventy-Four Thousand Only} deposited before the XXXIV Additional Chief Metropolitan Magistrate, Mayohall unit, Bengaluru {ACMM-34}, inview of compliance of orders. b} Rs.2,50,000/- {Rupees Two Lakhs Fifty Thousand Only} by way of Demand Draft bearing No. 226393, dated 14.11.2025, drawn on Federal Bank, Dommasandra Branch, Bangalore, in favour of Respondent / Complainant. c} On 10.12.2025, the accused has agreed to pay remaining balance amount of Rs. 2,51,000/- {Rupees Two Lakhs Fifty-One Thousand Only} in favour of respondent / complainant. This joint memo is read over to the parties and after understanding the contents of this joint memo, voluntarily without any undue influence or force signed this joint memo. Wherefore, it is prayed that this Hon'ble court be pleased to acquit the petitioner / accused as per the joint memo, in the above case, in the interest of justice." 5. It was submitted, in terms of joint memo, petitioner (accused) has agreed to pay total sum of Rs.9,25,000/- to respondent (complainant) as full and final settlement towards all claims. It was submitted, accused has deposited a sum of - 5 - HC-KAR NC: 2025:KHC:47055 CRL.RP No. 155 of 2024 Rs.4,74,000/- before trial Court and he has no objection for complainant to withdraw same and a demand draft bearing no.226393 dated 14.11.2025 for Rs.2,50,000/- drawn on Federal Bank, Dommasandra Branch, Bengaluru, is handed over to complainant before this Court today. Complainant admits receipt of said demand draft. It is agreed between parties that accused would pay balance amount of Rs.2,51,000/- to complainant on or before 10.12.2025. 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. - 6 - HC-KAR NC: 2025:KHC:47055 CRL.RP No. 155 of 2024 9. In terms of settlement, this Criminal Revision Petition is disposed of by setting aside judgment dated 20.11.2023 passed by XIII Additional City Civil and Sessions Judge, Bengaluru, in Crl.A.no.25174/2023 confirming judgment dated 26.05.2023 passed by XXXIV ACMM, Bengaluru, in CC no.53776/2019, and acquitting petitioner of offence alleged. As agreed, trial Court is directed to release amount in deposit in favour of respondent - complainant. To enable withdrawal, Registry is directed to transmit TCR forthwith. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 64