- 1 - HC-KAR NC: 2025:KHC:41159 CRL.RP No. 136 of 2017 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. 136 OF 2017 BETWEEN: 1. SRI. KUNDAN LAL AGARWAL S/O LATE SRI K G AGARWAL AGED ABOUT 52 YEARS, R/AT NO.B304, HOYSALA SAMRUDHI APARTMENT, AMRUTHAHALLI POST BANGALORE-92 …PETITIONER (BY SRI. B.K. CHANDAR, ADVOCATE FOR SRI. B. SIDDESWARA, ADVOCATE) AND: 1. SRI. K ACHUTHA MURTHY S/O G.R.KRISHNA MURTHY NO.30, RAMANNA GARDEN VIDYARANYAPURA POST BENGALORE CITY-560076 …RESPONDENT (BY SRI. VIJAYAKUMAR PRAKASH, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER DATED 24.11.2016 PASSED BY TEH LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN CRL.A.NO.509/2015 AND ALSO SET ASIDE THE JUDGMENT AND ORDER DATED 02.03.2015 PASSED BY THE XL Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41159 CRL.RP No. 136 of 2017 ADDL.C.M.M., BANGALORE IN C.C.NO.27108/2007 AND ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 24.11.2016 passed by LXIII Additional City Civil & Sessions Judge, Bangalore City (CCH- 64), in Crl.A.no.509/2015 and also order dated 02.03.2015 passed by XL ACMM, Bangalore City (SCCH-14) in C.C.no.27108/2007, this Revision Petition is filed. 2. Learned counsel for petitioner and respondent are present and submit that matter is settled between parties, wherein petitioner - accused has agreed to pay and respondent - complainant has agreed to receive a sum of Rs.1,80,000/- in full and final settlement of his claims in respect of cheque in question. 3. A joint memo was filed to said effect on 23.07.2025, signed by petitioner and learned counsel for petitioner and respondent and same reads as follows: - 3 - HC-KAR NC: 2025:KHC:41159 CRL.RP No. 136 of 2017 "JOINT MEMO The above named petitioner humbly files this Joint Memo, stating no objection to release the amount deposited in Trial Court to the respondent and parties have settled the dispute for Rs.1,80,000/- out of which a sum of rupees one lakhs which is already in deposit before the Trial Court may kindly be released to the respondent. 2) The balance of Rs.80,000/- shall be paid on (or) before 10th September 2025 in the Open Court. Wherefore, the above Memo may kindly be taken on record and the matter posted to 10.09.2025 for reporting settlement. Sd/- Sd/- Advocate for petitioner Petitioner Sd/- Advocate for respondent" 4. It was submitted a sum of Rs.80,000/- was paid by accused on 17.09.2025, which is received by complainant on same day and insofar as balance amount of Rs.1,00,000/- it is submitted a sum of Rs.40,000/- was deposited before Trial Court on 04.05.2015 and another sum of Rs.50,000/- was deposited before Trial Court on 06.05.2017. 5. Apart from above, amount of Rs.5,000/- each was deposited as cash surety on 08.02.2011 and 03.03.2015 respectively. Thus, amount in deposit was Rs.1,00,000/- and was available before Trial Court and accused had no objection - 4 - HC-KAR NC: 2025:KHC:41159 CRL.RP No. 136 of 2017 for complainant receiving said amount from Trial Court. Particulars of amount in deposit were got verified by this Court. Though it was reported that amounts deposited had lapsed and transferred to account of Accountant General, there would be no impediment in getting same back and release to complainant. 6. In view of settlement, Revision Petition is allowed, petitioner is acquitted and order of conviction and sentence dated 02.03.2015 passed by XL ACMM, Bangalore City (SCCH- 14) in C.C.no.27108/2007 and confirmed in judgment dated 24.11.2016 passed by LXIII Additional City Civil & Sessions Judge, Bangalore City (CCH-64), in Crl.A.no.509/2015 is set aside. Trial Court is directed to forthwith secure amount of Rs.1,00,000/-, as stated above, and release it to respondent - complainant. Sd/- (RAVI V HOSMANI) JUDGE HNM CT-SG List No.: 1 Sl No.: 3