- 1 - HC-KAR NC: 2025:KHC:47310 CRL.RP No. 100 of 2019 C/W CRL.RP No. 101 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 100 OF 2019 (397(Cr.PC) / 438(BNSS)) C/W CRIMINAL REVISION PETITION NO. 101 OF 2019 IN CRL.RP No. 100/2019 : BETWEEN: SMT. P. SHEELA AGED ABOUT 49 YEARS, W/O N RAMESH R/AT NO. 2924, 13TH MAIN, 2ND STAGE, 12TH CROSS, 'D' BLOCK, RAJAJINAGAR BENGALURU - 560 010. …PETITIONER (BY SRI. HEMANTH KUMAR K., ADVOCATE) AND: SMT. V D GEETHA AGED ABOUT 58 YEARS, W/O MARIYAPPA R/AT NO. 55, TELECOM LAYOUT, 2ND BANK CROSS, 2ND MAIN ROAD, MAHAVEERA ROAD, MYSORE ROAD, TIMBERYARD, BENGALURU- 560 072. …RESPONDENT (BY SRI. RAMESH CHANDRA AND BASAVARAJU S N., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENTS AND SENTENCE DATED 25.03.2014 IN C.C.NO.5259/2009 PASSED BY THE XVIII Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47310 CRL.RP No. 100 of 2019 C/W CRL.RP No. 101 of 2019 ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S.138 OF N.I.ACT AND THE ORDER IN CRL.A.NO.304/2014 PASSED BY THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-59) DATED 04.01.2019 AND ACQUIT THE PETITIONER IN THE ABOVE CASE. IN CRL.RP NO. 101/2019 : BETWEEN: SMT. B M INDIRA AGED ABOUT 56 YEARS, W/O G VENKATESH PRASAD, R/AT NO. 728, 9TH MAIN, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGAR BENGALURU - 560 079. ...PETITIONER (BY SRI. HEMANTH KUMAR K.,ADVOCATE) AND: SMT. V D GEETHA AGED ABOUT 58 YEARS, W/O MARIYAPPA R/AT NO.55, TELECOM LAYOUT, 2ND BANK CROSS, 2ND MAIN ROAD, MAHAVEERA ROAD, MYSORE ROAD, TIMBERYARD BENGALURU - 560 026. ...RESPONDENT (BY SRI. RAMESH CHANDRA AND BASAVARAJU S N., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENTS AND SENTENCE DATED 25.03.2014 IN C.C.NO.5260/2009, PASSED BY THE XVIII A.C.M.M., AT BANGALORE CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S 138 OF THE N.I ACT - 3 - HC-KAR NC: 2025:KHC:47310 CRL.RP No. 100 of 2019 C/W CRL.RP No. 101 of 2019 AND THE ORDER IN CRL.A.NO.303/2014 PASSED BY THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CCH-59, DATED 04.01.2016 AND ACQUIT THE PETITIONER IN THE ABOVE CASE. ABOVE 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 sentences dated 25.03.2014 in C.C.nos.5259/2009 and 5260/2009 passed by XVIII Additional Chief Metropolitan Magistrate at Bengaluru and confirmed in judgment dated 04.01.2019 passed by LVIII Additional City Civil and Sessions Judge, Bengaluru (CCH-59) in Crl.A.nos.304/2014 and 303/2014, above Revision Petitions are filed. 2. Learned counsel for parties in both petitions submit that during pendency of Revision Petitions, parties have resolved to settle their claims through compromise. 3. Petitioner in Crl.RP.no.100/2019 has agreed to pay a sum of Rs.12,50,000/- in full and final settlement of claim under dishonoured cheque. It is stated that Rs.5,00,000/- is deposited by petitioner before Trial Court and has no objection - 4 - HC-KAR NC: 2025:KHC:47310 CRL.RP No. 100 of 2019 C/W CRL.RP No. 101 of 2019 by respondent. And towards balance sum of Rs.7,50,000/- petitioner has today handed over a demand draft dated 18.11.2025 for Rs.1,50,000/- drawn on Canara Bank, Uttarahalli Branch, to respondent - complainant. Balance amount of Rs.6,00,000/- is agreed to be paid in six monthly instalments of Rs.1,00,000/- each on 10.12.2025, 10.01.2026, 10.02.2026, 10.03.2026, 10.04.2026 and 10.05.2026 respectively. All these terms are reduced into writing in Compromise Petition, which is signed by parties, is placed and same reads as follows- "The petitioner and respondent above named submit as follows: 1. The petitioner has been convicted vide judgment dated: 25.03.2014, by Hon'ble XVIII Additional Chief Metropolitan, Bengaluru in C.C. No.5259/2009 for the offence punishable under section 138 of N.I. Act and sentenced to a fine of Rs.25,50,000/- and in default of payment of fine, the petitioner shall undergo simple imprisonment for a period of one year. Against the said judgment of conviction, the petitioner had preferred Criminal Appeal No.304/2014 before LVIII Additional City Civil and Session Judge (CCH-59), Bengaluru City. But the said criminal appeal was dismissed vide judgment dated 04.01.2019, thereby confirming the judgment of the Learned XVIII Additional CMM in CC No.5259/2009. 2. Against which, the petitioner had preferred this criminal Revision Petition before this Hon'ble Court. - 5 - HC-KAR NC: 2025:KHC:47310 CRL.RP No. 100 of 2019 C/W CRL.RP No. 101 of 2019 During the pendency of this Criminal Petition, the parties have resolved all their differences and arrived at a settlement in order to bring peace between them. 3. That during the pendency of the present revision petition, the petitioner/accused Smt. P. Sheela has approached the respondent/complainant Smt.V.D.Geetha expressing her inability to pay the entire amount due to severe financial constraints. The Respondent being magnanimous and considering the petitioner's request and her financial situation, has agreed to receive a sum of Rs. 12,50,000/-(Rupees Twelve Lakhs Fifty Thousand Only) as full and final settlement towards the claim arising out of dishonoured cheque involved in this case. The petitioner has already deposited a sum of Rs.5,00,000/- i.e., before the Trial Court. The petitioner has no objection for the respondent to withdraw the said amount of Rs.5,00,000/-. Out of the balance amount of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand Only), the petitioner has paid a sum of Rs. 1,50,000/-by way of D.D. bearing No.772796 dated: 18.11.2025 drawn on Canara bank Uttarahalli Branch for a sum of Rs. 1,50,000/- in favour of the Respondent. The Respondent hereby acknowledges the same. 4. The petitioner has hereby undertaken to pay the remaining amount of Rs.6,00,000/- in equated monthly installments commencing from 15th December, 2025. The petitioner hereby undertakes to pay the same by way of D.D as below: Sl.No. Date Amount 1 10.12.2025 1,00,000/- 2 10.01.2026 1,00,000/- 3 10.02.2026 1,00,000/- - 6 - HC-KAR NC: 2025:KHC:47310 CRL.RP No. 100 of 2019 C/W CRL.RP No. 101 of 2019 4 10.03.2026 1,00,000/- 5 10.04.2026 1,00,000/- 6 10.05.2026 1,00,000/- Total 6,00,000/- 5. The petitioner hereby under takes that in case if she commits default in paying the balance amount as stated above, she agrees to pay the entire amount as ordered by the court. 6. The respondent has agreed for the above terms and conditions and agree to receive the said amount as full and final satisfaction of the claim, arising out of dishonoured cheque involved in this case and she states that she has no further claims against the petitioner herein. 7. Since the parties have resolved all their differences and therefore continuous of criminal proceedings would serve no purpose and therefore the judgment of conviction passed against the petitioner needs to be set aside. The respondent has no objection for setting aside the judgment of conviction and sentence dated 25.03.2014 imposed upon the petitioner by XVIII Additional CMM, in C.C. No.5260/2009 and also set aside the judgment dated: 04.01.2019 passed in criminal appeal No.304/2014. 8. It is submitted that this compromise petition is filed by fully understanding the contents of the same and there is no force, threat or coercion, or undue influence in filing this petition. Wherefore it is prayed that this Hon'ble Court be pleased to record the compromise entered into between the parties and be pleased to set aside the judgment of conviction and sentence dated: - 7 - HC-KAR NC: 2025:KHC:47310 CRL.RP No. 100 of 2019 C/W CRL.RP No. 101 of 2019 25.03.2014 imposed upon the petitioner by XVIII Additional CMM, in C.C. No.5259/2009, for the offence punishable under Section 138 of N.I. Act and also to set aside the judgment dated: 04.01.2019 passed in criminal appeal No.304/2014, subject to the condition of payment of all amount stipulated in Para 4, failing which conviction will be restored, to pass such other orders as this Hon'ble Court deems fit to pass in the facts and circumstances of the case." 4. Petitioner in Crl.RP.no.101/2019 has agreed to pay a sum of Rs.15,00,000/- in full and final settlement of claim under dishonoured cheque. It is stated that Rs.5,00,000/- is deposited by petitioner before Trial Court and has no objection by respondent. And towards balance sum of Rs.10,00,000/- petitioner has today handed over a demand draft dated 03.11.2025 of Rs.10,00,000/- drawn on HDFC Bank, to respondent - complainant. All these terms are reduced into writing in Compromise Petition, which is signed by parties, same is placed and reads as follows- "1. The petitioner has been convicted vide judgment dated: 25.03.2014, by Hon'ble XVIII Additional Chief Metropolitan, Bengaluru in C.C.No.5260/2009 for the offence punishable under section 138 of N.I. Act and sentenced to a fine of Rs.38,00,000/- and in default of payment of fine, the petitioner shall undergo simple imprisonment for a period of one year. Against the said judgment of conviction, the petitioner had preferred criminal - 8 - HC-KAR NC: 2025:KHC:47310 CRL.RP No. 100 of 2019 C/W CRL.RP No. 101 of 2019 appeal No.303/2014 before LVIII Additional City Civil and Session Judge (CCH-59), Bengaluru City. But the said criminal appeal was dismissed vide judgment dated 04.01.2019, thereby confirming the judgment of the Learned XVIII Additional CMM in CC No.5260/2009. 2. Against which, the petitioner had preferred this criminal Revision Petition before this Hon'ble Court. During the pendency of this Criminal Petition, the parties have resolved all their differences and arrived at a settlement in order to bring peace between them. 3. That during the pendency of the present revision petition, the petitioner/accused Smt. B.M. Indira approached the respondent/complainant Smt. V.D. Geetha expressing her inability to pay the entire amount due to severe financial constraints. The Respondent being magnanimous and considering the petitioner's request and her financial situation, has agreed to receive a sum of Rs. 15,00,000/-(Rupees Fifteen Lakhs Only) by way of as full and final settlement towards the claim arising out of dishonoured cheque involved in this case. The petitioner has already deposited a sum of Rs.5,00,000/-before the Trial Court. The petitioner has no objection for the respondent to withdraw the said amount of Rs.5,00,000/-. The balance amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only) is paid today by the petitioner by way of D.D. bearing No.000395 dated: 03.11.2025 drawn on HDFC Bank, for a sum of Rs. 10,00,000/- in favour of the Respondent. The Respondent hereby acknowledges the same as full and final satisfaction of the claim, arising out of dishonoured cheque involved in this case and she states that she has no further claims against the petitioner herein. 4. Since the parties have resolved all their differences and therefore continuous of criminal proceedings - 9 - HC-KAR NC: 2025:KHC:47310 CRL.RP No. 100 of 2019 C/W CRL.RP No. 101 of 2019 would serve no purpose and therefore the judgment of conviction passed against the petitioner needs to be set aside. The respondent has no objection for setting aside the judgment of conviction and sentence dated: 25.03.2014 imposed upon the petitioner by XVIII Additional CMM, in C.C. No.5260/2009 and also judgment dated 04.01.2019 passed in criminal appeal No.303/2014. 5. It is submitted that this compromise petition is filed by fully understanding the contents of the same and there is no force, threat or coercion, or undue influence in filing this petition. Wherefore it is prayed that this Hon'ble Court be pleased to record the compromise entered into between the parties and be pleased to set aside the judgment of conviction and sentence dated: 25.03.2014 imposed upon the petitioner by XVIII Additional CMM, in C.C. No.5260/2009, for the offence punishable under Section 138 of N.1. Act and also to set aside the judgment dated: 04.01.2019 passed in criminal appeal No.303/2014 to pass such other orders as this Hon'ble Court deems fit to pass in the facts and circumstances of the case." 5. 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 have affirmed it out of their free will and volition without there being any threat, coercion or undue influence from anybody. - 10 - HC-KAR NC: 2025:KHC:47310 CRL.RP No. 100 of 2019 C/W CRL.RP No. 101 of 2019 6. Perused terms of compromise. They appear to be lawful. Compromise Petitions are accepted. 7. Revision Petitions are allowed to extent and in terms of settlement. Judgments of conviction and sentence dated 25.03.2014 in C.C.nos.5259/2009 and 5260/2009 passed by XVIII Additional Chief Metropolitan Magistrate at Bengaluru and confirmed in judgments dated 04.01.2019 passed by LVIII Additional City Civil and Sessions Judge, Bengaluru (CCH-59) in Crl.A.nos.304/2014 and 303/2014 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.: 30