- 1 - HC-KAR NC: 2025:KHC:52411 CRL.RP No. 1278 of 2023 C/W CRL.RP No. 958 of 2023 CRL.RP No. 1049 of 2023 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1278 OF 2023 C/W CRIMINAL REVISION PETITION NO. 958 OF 2023 CRIMINAL REVISION PETITION NO. 1049 OF 2023 CRIMINAL REVISION PETITION NO. 1052 OF 2023 CRIMINAL REVISION PETITION NO. 1197 OF 2023 CRIMINAL REVISION PETITION NO. 1209 OF 2023 IN CRL.RP No. 1278/2023 BETWEEN: 1. KRISHNA SHELTERS PVT LTD., NO.69, "SRI. KRISHNA SUDHA", WEST ANJANEYA STREET, GANDHI BAZAAR, BENGALURU - 560 004. REP BY ITS MANAGING DIRECTOR, MR. K.A. RAGHAVENDRA. 2. SRI. RAGHAVENDRA KENDALLI ASHWATH, S/O LATE K.N.A. RAO, AGED ABOUT 61 YEARS, OCC: BUSINESS/MANGING DIRECTOR OF M/s KRISHNA SHELTERS PVT LTD., NO.59, "SRI KRISHNA SUDHA", WEST ANJANEYA STREET, GANDHI BAZAAR, BENGALURU - 560 004. …PETITIONERS (BY SRI VENKATESH P. DALWAI, ADVOCATE) AND: M/S BABA STEELS SUPPLIERS, SY.NO.201/2, VILLAGE AND POST Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52411 CRL.RP No. 1278 of 2023 C/W CRL.RP No. 958 of 2023 CRL.RP No. 1049 of 2023 AND 3 OTHERS MARSUR CHANDAPURA, ANEKAL ROAD, BENGALURU, ALSO AT ADMINISTRATIVE OFFICE, NO.04, PREMIER PRESIDENCY NO.35/7, LONGFORD TOWN, BENGALURU - 560 025, REP BY ITS PROPRIETOR, SRI. VIJAY KUMAR CHOUDHARY, GPA HOLDER NARAYANA RAO N, S/O LATE NAGENDRA RAO. …RESPONDENT (BY SMT. AKSHATHA SHETTY K., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO a) SET ASIDE THE JUDGMENT AND CONFIRM OF THE ORDER OF CONVICTION PASSED BY THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-53) IN CRL.A.NO.527/2021 AND THE JUDGMENT FOR THE OFFENCE P/U/S 138 OF N.I. ACT. b) SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 31.03.2021 PASSED BY THE XII ADDL. AND A.C.M.M., BENGALURU (SCCH-8) IN C.C.NO.20578/2016 FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND CONSEQUENTLY ACQUIT THE PETITIONERS. IN CRL.RP.NOS.958/2023, 1049/2023, 1052/2023, 1197/2023, 1209/2023: BETWEEN: 1. KRISHNA SHELTERS PVT LTD NO 59, "SRI KRISHNA SUDHA WEST ANJANEYA TEMPLE STREET, OFF BASAVANAGUDI MAIN ROAD, GANDHI BAZAR, BENGALURU - 560 004, REP BY ITS MANAGING DIRECTOR, MR. K A RAGHAVENDRA KENDALLI ASHWATH. 2. SRI RAGHAVENDRA KENDALLI ASHWATH, S/O LATE K N A RAO, AGED ABOUT 60 YEARS, OCC: BUISNESS/MANAGING DIRECTOR OF M/s. KRISHNA SHELTERS PVT. LTD., NO.59, 'SRI KRISHNA SUDHA', WEST ANAJANEYA TMEPLE STREET, - 3 - HC-KAR NC: 2025:KHC:52411 CRL.RP No. 1278 of 2023 C/W CRL.RP No. 958 of 2023 CRL.RP No. 1049 of 2023 AND 3 OTHERS OFF BASAVANAGUDI MAIN, ROAD, GANDHI BAZAR, BENGALURU - 560 004. 3. MR. KENDALLI ASWATHANARAYANA RAO ANIL KUMAR, MANAGING DIRECTOR, M/S KRISHNA SHELTERS PVT. LTD., NO.59, 'SRI KRISHNA SUDHA', WEST ANJANEYA TEMPLE STREET, OFF BASAVANAGUDI MAIN ROAD, GANDHI BAZAR, BENGALURU - 560 004. ...PETITIONERS (COMMON) (BY SRI DALWAI VENKATESH, ADVOCATE) AND: M/s. BABA STEELS SUPPLIERS, SY. NO.201/1, VILLAGE AND POST MARSUR, CHANDAPURA, ANEKAL ROAD, BENGALURU. ALSO AT ADMINSITRATIVE OFFICE, NO.M04, PREMIER PRESIDENCY, NO 35/7, LONGFORD TOWN, BENGALURU - 560 025, REP BY ITS PROPRIETOR SRI VIJAY KUMAR CHOUDHARY ...RESPONDENT (COMMON) (BY SMT. AKSHATHA SHETTY K., ADVOCATE) THIS CRL.RP NO.958/2023 IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 24.01.2022 PASSED BY THE LEARNED XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE CITY IN C.C.NO.1899/2019 AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 06.05.2023 PASSED BY THE LEARNED LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.A.NO.470/2022 FOR THE OFFENCE P/U/S 138 OF N.I. ACT CONSEQUENTLY ACQUIT THE PETITIONERS. THIS CRL.RP NO.1049/2023 IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF - 4 - HC-KAR NC: 2025:KHC:52411 CRL.RP No. 1278 of 2023 C/W CRL.RP No. 958 of 2023 CRL.RP No. 1049 of 2023 AND 3 OTHERS CONVICTION DATED 24.01.2022 PASSED BY THE LEARNED XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN C.C.NO.28099/2018 AND SET ASIDE THE JUDGMENT AND ORDER DATED 06.05.2023 PASSED BY THE LEARNED LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.A.NO.473/2022 FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND CONSEQUENTLY ACQUIT THE PETITIONERS. THIS CRL.RP NO.1052/2023 IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 24.01.2022 PASSED BY THE LEARNED XX A.C.M.M, BENGALURU CITY IN C.C.NO.12681/2019 AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 06.05.2023 PASSED BY THE LEARNED LXIX ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.A.NO.474/2022 FOR THE OFFENCE P/U/S 138 OF N.I ACT AND CONSEQUENTLY ACQUIT THE PETITIONERS. THIS CRL.RP NO.1197/2023 IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 24.01.2022 PASSED BY THE LEARNED XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY IN C.C.NO.12683/2019 AND SET ASIDE THE JUDGMENT AND ORDER DATED 06.05.2023 PASSED BY THE LEARNED LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.471/2022 FOR THE OFFENCE P/U/S.138 OF NI ACT CONSEQUENTLY ACQUIT THE PETITIONER. THIS CRL.RP NO.1209/2023 IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 24.01.2022 PASSED BY THE LEARNED XX A.C.M.M BENGALURU CITY IN C.C.NO.21887/2018 AND SET ASIDE THE JUDGMENT AND ORDER DATED 06.05.2023 PASSED BY THE LEARNED LXIX ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.A.NO.172/2022 FOR THE OFFENCE P/U/S 138 OF N.I ACT CONSEQUENTLY ACQUIT THE PETITIONERS. THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 5 - HC-KAR NC: 2025:KHC:52411 CRL.RP No. 1278 of 2023 C/W CRL.RP No. 958 of 2023 CRL.RP No. 1049 of 2023 AND 3 OTHERS ORAL ORDER Challenging judgment dated 07.08.2023 passed by LII Addl. City Civil & Sessions Judge, Bengaluru (CCH-53), in Crl.A.no.527/2021 and common judgments dated 06.05.2023, passed by LXIX Addl. City Civil & Sessions Judge, Bengaluru (CCH-70), in Crl.Appeals.no.470/2022 to Crl.A.no.474/2022 confirming judgment of conviction and order of sentence dated 31.03.2021 passed by XII Addl. Small Causes Judge & ACMM, Bengaluru, (SCCH-8) in C.C.no.20578/2016 and judgments and order of conviction dated 24.01.2022 in C.C.nos.1899/2019, 28099/2018, 12681/2019 and C.C.no12683/2019, these revision petitions are filed. 2. Learned counsel for parties jointly submitted that during pendency of revision petitions, parties have entered into settlement to settle matters as per terms of Joint Memo dated 10.12.2025, in all these writ petitions put together. It is stated that out of Rs.37,80,000/-, a sum of Rs.32,80,000/- has already been deposited before trial Court in compliance of orders passed by this Court and Sessions Court and petitioner (accused) agreed to release said amount in favour of - 6 - HC-KAR NC: 2025:KHC:52411 CRL.RP No. 1278 of 2023 C/W CRL.RP No. 958 of 2023 CRL.RP No. 1049 of 2023 AND 3 OTHERS respondent (complainant). It is also stated balance of Rs.5,00,000/- is agreed to be paid by way of D.D.no.013780 dated 25.11.2025 drawn on HDFC Bank Branch, Basavanagudi, in full and final settlement of claim to respondent (complainant). Terms of joint memo reads as under: "JOINT MEMO FILED BY THE PETITIONER AND THE RESPONDENT The Petitioner/Accused and the Respondent/Complainant most respectfully submit as follows: 1. That the above petition concerns proceedings arising out of a Judgment passed by the trail court and Sessions Court on the complaint filed under Section 138 of the Negotiable Instruments Act, 1881. 2. That during the pendency of the present petition, the parties have amicably settled their dispute due to the intervention of friends and well-wishers. 3. That the Parties have settled their dispute amicably on the following terms and conditions. a) That the Petitioner has agreed to pay an amount of Rs.37,80,000/- (Thirty-seven Lakh Eighty Thousands Only) as full and final settlement to the Respondent. The Respondent has also agreed the receive the amount of Rs.37,80,000/-/- (Thirty-seven Lakh Eighty Thousands Rupees Only) towards the full and final - 7 - HC-KAR NC: 2025:KHC:52411 CRL.RP No. 1278 of 2023 C/W CRL.RP No. 958 of 2023 CRL.RP No. 1049 of 2023 AND 3 OTHERS settlement amount from the Petitioner in respect of the above matters. b) Out of the total settlement amount of Rs. 37,80,000/- (Thirty-seven Lakh Eighty Thousands Rupees Only) Rs.32,80,000/-(Thirty two lakh Eighty Thousand Rupees Only) has been already deposited before the Trial Court in view of the compliance orders of the Sessions Court and Hon'ble High Court of Karnataka. c) The Petitioner has no objections for release of the entire amount deposited before the trial court by the Petitioner, in favour of the respondent towards the settlement amount. d) Remaining amount of Rs.5,00,000/- (Five Lakh Only) is paid in favour of the Respondent by way of DD Dated; 25.11.2025 DD bearing No.013780 drawn on HDFC bank Branch Basavanagudi in favour of the Respondent and the Respondent herein has agreed to receive the same subject to its clearance on presentation. e) The Respondent herein agreed to receive a total amount of Rs.37,80,000/- (Thirty-seven Lakh Eighty Thousands Only) as full and final settlement towards all the claims against the Petitioner in respect to the above matter. f) That the respondent herein confirms that there is no due from the Petitioner after the receipt of the subject amount and no other cases have been filed against the petitioner for recovery of any - 8 - HC-KAR NC: 2025:KHC:52411 CRL.RP No. 1278 of 2023 C/W CRL.RP No. 958 of 2023 CRL.RP No. 1049 of 2023 AND 3 OTHERS money and further declare that there is no other transaction with the petitioner. 4. That there is no coercion, pressure, or undue influence on the petitioner and the respondent and they have with their own volition entered into this compromise petition. Wherefore the Petitioner and the respondent humbly prays that this Hon'ble court may kindly be pleased to accept this joint memo and pass necessary orders setting aside the Judgment and conviction order passed by the learned trial court and the Hon'ble Sessions Court in the respective cases in the interest of justice and equity." 3. Joint Memo is taken on record. 4. Petitioner and respondent are present and identified by their respective counsel. On interaction, they have stated that terms of settlement were 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. Settlement is duly signed by both parties, whose signatures are identified by their respective counsel. 5. In view of terms of settlement, above Criminal Revision Petitions are disposed of as settled; judgment dated - 9 - HC-KAR NC: 2025:KHC:52411 CRL.RP No. 1278 of 2023 C/W CRL.RP No. 958 of 2023 CRL.RP No. 1049 of 2023 AND 3 OTHERS 07.08.2023 passed by LII Addl. City Civil & Sessions Judge, Bengaluru (CCH-53), in Crl.A.no.527/2021 and common judgments dated 06.05.2023, passed by LXIX Addl. City Civil & Sessions Judge, Bengaluru (CCH-70), in Crl.A.nos.470/2022 to Crl.A.no.474/2022 confirming judgment of conviction and order of sentence dated 31.03.2021 passed by XII Addl. Small Causes Judge & ACMM, Bengaluru, (SCCH-8) in C.C.no.20578/2016 and judgments and order of conviction dated 24.01.2022 in C.C.nos.1899/2019, 28099/2018, 12681/2019 and C.C.no.12683/2019, are set aside acquitting petitioner of offence punishable under Section 138 of NI Act. Trial Court is directed to release amount in deposit in favour of complainant on proper identification. Registry to transmit records to trial Court forthwith. Sd/- (RAVI V HOSMANI) JUDGE Psg*: List No.: 1 Sl No.: 59