- 1 - HC-KAR NC: 2025:KHC:27318 CRL.RP No. 418 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO. 418 OF 2020 (397(Cr.PC) / 438(BNSS)) BETWEEN: 1. SMT. KALAVATHI R W/O RAGHU RAJ VADAVI, HINDU, AGED ABOUT 44 YEARS, RESIDING AT BRAHMIN STREET, NEAR RAYARA MATA, HOSAKOTE, BENGALURU-562114. …PETITIONER (BY SRI. K. MURTHY,ADVOCATE) AND: 1. MR.S.VENUGOPAL, S/O Y M S RAO, HINDU, AGED ABOUT 58 YEARS, RESIDING AT NO.35/39, SHANKARAPURAM, BENGALURU-560021 …RESPONDENT (BY SRI.A.P.PULAKESHI.,ADVOCATE) THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER / JUDGMENT DATED 13.02.2020 IN Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27318 CRL.RP No. 418 of 2020 CRL.A.NO.1453/2017, PASSED BY THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-65), CONFIRMING THE ORDER DATED 12.09.2017 PASSED BY THE XVI ADDL.CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN C.C.NO.26710/2015 AND GRANT SUCH OTHER RELIEF'S AS DEEM FIT UNDER THE FACTS CIRCUMSTANCES OF THE CASE UNDER THE GIVEN FACTS AND CIRCUMSTANCES BY ALLOWING THIS CRIMINAL REVISION PETITION IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER Both parties and their counsel are present before the Court. 2. Both parties have filed the application under Section 147 of the Negotiable Instruments Act, 1881, read with Section 320 of of Cr.PC. Joint memo is filed regarding the settlement arrived at between the parties. - 3 - HC-KAR NC: 2025:KHC:27318 CRL.RP No. 418 of 2020 3. The contents of the compromise petition are read over and explained to both parties. Both have accepted the same and submit that the parties have voluntarily settled the matter for Rs.8,15,000/- (Rupees Eight Lakh Fifteen Thousand Only) as full and final settlement. As per terms of the settlement, today the complainant / respondent has received a Demand Draft for Rs.3,10,000/- (Rupees Three Lakh Ten Thousand Only) vide DD No.508295, dated 06.07.2023, drawn on ICICI Bank, Nagarabhavi Branch, Bangalore City. It is also stated in the compromise petition that, on 02.07.2025, the complainant received an amount of Rs.1,00,000/- (Rupees One Lakh Only) in cash. The complainant has also received an amount of Rs.1,50,000/-(Rupees One Lakh Fifty Thousand Only) deposited by the petitioner before the trial Court in terms of the order passed in Crl.Appeal No.1453/2017 vide Q.No.13736/2019 dated 16.12.2017. Further, the complainant has agreed to withdraw the amount of Rs.2,55,000/- (Rupees Two Lakh Fifty Five - 4 - HC-KAR NC: 2025:KHC:27318 CRL.RP No. 418 of 2020 Thousand Only) deposited by the petitioner before the trial Court, vide Q.No.4731/2021 dated 24.02.2021, which is in judicial deposit. Accordingly, total amount of Rs.8,15,000/- (Rupees Eight Lakh Fifteen Thousand Only) is paid. 4. In view of this compromise petition, I proceed to pass the following: ORDER i. The Criminal Revision Petition is hereby disposed off. ii. The application is filed under Section 147 of the Negotiable Instruments Act read with Section 320 of Cr.PC is hereby allowed. iii. Compromise petition is taken on record. iv. The judgment of conviction and order of sentence dated 12.09.2017, passed in CC No.26710/2015 by the trial Court which is confirmed by judgment dated 13.02.2020, passed in Criminal Appeal No.1453/2017 by - 5 - HC-KAR NC: 2025:KHC:27318 CRL.RP No. 418 of 2020 the LXIV Addl.City Civil and Sessions Judge, Bengaluru City (CCH-65), are set aside; v. The accused is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act. vi. The trial Court is directed to release the amount of Rs.2,55,000/- (Two Lakh Fifty Five Thousand Only) with accrued interest in favour of the respondent/complainant Sri.S.Venugopal S/o Y.M.S.Rao, which is deposited in Q.No.4731/2021 dated 24.02.2021 and which is in a judicial deposit. vii. Send the copy of this Order to the trial Court along with the TCR, to disburse the amount in favour of the complainant. Sd/- (G BASAVARAJA) JUDGE CH List No.: 1 Sl No.: 38