- 1 - HC-KAR NC: 2025:KHC:41160 CRL.RP No. 1441 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1441 OF 2024 BETWEEN: MR SIYAN SHARIF AGED ABOUT 31 YEARS, S/O. SHEIKH AMANULLA, R/AT SMART CARE, MOBILE SALES AND SERVICES, SIMAZ COMPLEX, NEAR TALUK OFFICE JUNCTION, KARKALA KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104. …PETITIONER (BY SRI SRINIVASA. N.C., ADVOCATE) AND: SMT. A.K.BUSHRA AGED ABOUT 33 YEARS, W/O. MOHAMMED ZAHIR, R/AT DILSHAD ASHRAF MANZIL, BEHIND KAPETTU VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104. …RESPONDENT (BY SMT. SUSHMITHA SURESH, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 03/09/2024, PASSED BY THE HONBLE I ADDL. DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU, IN CRIMINAL APPEAL NO. 122/2023, CONFIRMING THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 29/04/2023, PASSED BY THE JMFC VIII COURT, MANGALURU, IN CC NO. 2/2022. IT IS FURTHER PRAYED THAT THIS HONBLE COURT ACQUIT THE PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41160 CRL.RP No. 1441 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 03.09.2024 passed by I Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru, in Criminal Appeal no.122/2023 confirming judgment of conviction and order of sentence dated 29.04.2023 passed by J.M.F.C. (VIII) Court, D.K., Mangaluru, in C.C.no.2/2022, this revision petition is filed. 2. It was submitted, during pendency of appeal, by order dated 18.07.2025, matter was referred for mediation which has resulted in settlement and terms of which are drawn in Memorandum of Settlement, which reads as under: 3. Terms of Settlement reads as under: "MEMORANDUM OF SETTLEMENT UNDER SECTION 147 OF N.I. ACT READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The Parties above named respectfully submit as follows: 1. The Petitioner has filed Criminal Revision Petition to set aside the judgment of conviction dated 03.09.2024 passed by the Hon'ble I Addl. District & Sessions Judge, D.K., Mangaluru in Crl. Appeal No.122/2023 confirming the judgment of conviction and order of sentence dated 29.04.2023 passed by the JMFC VIII Court, Mangaluru in C.C.No.2/2022. - 3 - HC-KAR NC: 2025:KHC:41160 CRL.RP No. 1441 of 2024 2. The aforesaid criminal revision petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, both the Petitioner and the Respondent along with their Advocates are present and the parties have resolved their dispute and have agreed to the following terms and conditions. 3. Terms & Conditions: a) Both the parties have settled their dispute amicably. The Petitioner has agreed to pay a total sum of Rs.1,40,000/- (Rupees One Lakh Forty Thousand Only) to the Respondent as full and final settlement of the case. b) Out of the said amount, the Petitioner has paid an amount of Rs.62,500/- to the Respondent on this day by way of cash and the Respondent admits the receipt of the same. c) That the Petitioner has already deposited a sum of Rs.31,000/- (Rupees Thirty One Thousand) on 25.07.2023 and once the Petitioner has deposited a sum of Rs.46,500/- (Rupees Forty Six Thousand Five Hundred Only) before the Trial Court on 27.11.2024 in total Petitioner has deposited sum of Rs.77,500/-(Rupees Seventy Seven Thousand Five Hundred Only). d) That the Petitioner further agrees that he has no objection to release the deposited amount of Rs.77,500/- in favour of the Respondent and the Respondent is authorized to receive the deposited amount of Rs.77,500/-(Rupees Seventy Seven Thousand Five Hundred Only) before the Trial Court. 4. In view of the aforesaid agreement entered into between the parties, both the parties pray that the Hon'ble Court may be pleased to set aside the conviction dated 03.09.2024 passed by the Hon'ble I Addl. District & Sessions Judge, D.K., Mangaluru in Crl. Appeal No.122/2023, confirming the judgment of conviction and order of sentenced dated 29.04.2023 passed by the Hon'ble JMFC VII Court, - 4 - HC-KAR NC: 2025:KHC:41160 CRL.RP No. 1441 of 2024 Mangaluru in C.C.No.2/2022, on terms of this agreement. 5. Parties will appear before the Honorable High Court of Karnataka for passing necessary Orders." 4. Memorandum of settlement is taken on record. 5. In terms of settlement, this Criminal Revision Petition is allowed; acquitting petitioner by setting aside concurrent judgment of conviction and order of sentences dated 03.09.2024 passed by I Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru, in Criminal Appeal no.122/2023 and dated 29.04.2023 passed by J.M.F.C. (VIII) Court, D.K., Mangaluru, in C.C.no.2/2022. GRD List No.: 1 Sl No.: 33 Sd/- (RAVI V HOSMANI) JUDGE