- 1 - HC-KAR NC: 2025:KHC:35763 CRL.RP No. 185 of 2019 C/W CRL.RP No. 184 of 2019 CRL.RP No. 186 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 185 OF 2019 C/W CRIMINAL REVISION PETITION NO. 184 OF 2019 CRIMINAL REVISION PETITION NO. 186 OF 2019 IN CRL.RP No. 185/2019 BETWEEN: 1. KANTHI SHETTY, AGED ABOUT 43 YEARS, MANAGING DIRECTOR, AIRCOM SOLUTIONS PVT. LTD., NO.37/2, CHICAGO AVENUE, CUNNINGHAM ROAD, BANGALORE-52. 2. M/S AIRCOM SOLUTIONS P. LTD. NO.37/2, CHICAGO AVENUE, CUNNINGHAM ROAD, BANGALORE-52, REP. BY MANAGING DIRECTOR, KANTHI SHETTY. …PETITIONERS (BY SRI/SMT CHITHARA B P, ADVOCATE FOR SRI. KARUMBAIAH T A., ADVOCATE) AND: CHIKKAMUNISWAMY, AGED ABOUT 57 YEARS, S/O LATE KRISHNAPPA, CIVIL CONTRACTOR, Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35763 CRL.RP No. 185 of 2019 C/W CRL.RP No. 184 of 2019 CRL.RP No. 186 of 2019 R/AT NO.11, MARUTHI FARM, HOSUR, AMRUTHANAGAR, BANGALORE-92. …RESPONDENT (BY SMT ARCHANA MURTHY, ADVOCATE FOR SRI DORAI BABU, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 09.08.2018 PASSED BY THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH-69) IN CRL.A.NO.1075/2016 AND ALSO THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 18.08.2016 PASSED BY THE XVIII A.C.M.M., BANGALORE IN C.C.NO.22584/2015 AND ACQUIT THE ACCUSED. IN CRL.RP NO. 184/2019 BETWEEN: 1. KANTHI SHETTY, AGED ABOUT 43 YEARS, MANAGING DIRECTOR, AIRCOM SOLUTIONS PVT. LTD., NO.37/2, CHICAGO AVENUE, CUNNINGHAM ROAD, BANGALORE - 52. 2. M/S AIRCOM SOLUTIONS P. LTD., NO.37/2, CHICAGO AVENUE, CUNNINGHAM ROAD, BANGALORE 52, REP. BY MANAGING DIRECTOR, KANTHI SHETTY. ...PETITIONERS (BY SRI/SMT CHITHARA B P, ADVOCATE FOR SRI KARUMBAIAH T A.,ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:35763 CRL.RP No. 185 of 2019 C/W CRL.RP No. 184 of 2019 CRL.RP No. 186 of 2019 AND: 1. CHIKKAMUNISWAMY, AGED ABOUT 57 YEARS, S/O LATE KRISHNAPPA, CIVIL CONTRACTOR, R/AT NO.11, MARUTHI FARM HOSUR, AMRUTHANAGAR, BANGALORE 92. ...RESPONDENT (BY SMT ARCHANA MURTHY, ADVOCATE FOR SRI S DORAI BABU, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 09.08.2018 PASSED BY THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.1074/2016 AND ALSO THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 18.08.2016 PASSED BY THE XVIII ADDL.C.M.M., BENGALURU IN C.C.NO.22583/2015 AND ACQUIT THE ACCUSED. IN CRL.RP NO. 186/2019 BETWEEN: 1. KANTHI SHETTY, AGED ABOUT 43 YEARS, MANAGING DIRECTOR, AIRCOM SOLUTIONS PVT LTD., NO.37/2, CHICAGO AVENUE, CUNNINGHAM ROAD, BANGALORE-52. 2. M/S AIRCOM SOLUTIONS PVT. LTD., NO.37/2, CHICAGO AVENUE, CUNNINGHAM ROAD, BANGALORE-52, REP. BY MANAGING DIRECTOR, KANTHI SHETTY. ...PETITIONERS - 4 - HC-KAR NC: 2025:KHC:35763 CRL.RP No. 185 of 2019 C/W CRL.RP No. 184 of 2019 CRL.RP No. 186 of 2019 (BY SRI/SMT CHITHARA B P, ADVOCATE FOR SRI. KARUMBAIAH T A.,ADVOCATE) AND: CHIKKAMUNISWAMY, S/O LATE KRISHNAPPA, AGED ABOUT 57 YEARS, CIVIL CONTRACTOR, R/AT NO.11, MARUTHI FARM HOSUR, AMRUTHANAGAR, BANGALORE-92 ...RESPONDENT (BY SMT ARCHANA MURTHY, ADVOCATE FOR SRI S DORAI BABU, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 09.08.2018 PASSED BY THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.1076/2016 AND ALSO THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 18.08.2016 PASSED BY THE XVIII ADDL. C.M.M., BENGALURU IN C.C.NO.22585/2015 AND ACQUIT THE ACCUSED. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 5 - HC-KAR NC: 2025:KHC:35763 CRL.RP No. 185 of 2019 C/W CRL.RP No. 184 of 2019 CRL.RP No. 186 of 2019 ORAL ORDER This Criminal Revision Petition is filed assailing the concurrent finding in a proceeding initiated under Section 138 of Negotiable Instruments Act, 1881 (for short 'NI Act'). 2. The cheque said to have been issued by the accused for Rs.4,00,000/- in favour of the complainant is dishonoured. The Trial Court convicted the accused and sentenced him to pay a fine of Rs.4,30,000/- and in default imposed sentence of simple imprisonment for three months. Rs.4,00,000/- is ordered to be paid as compensation to the complainant and Rs.30,000/- is ordered to be paid towards the expenses incurred in the prosecution. Appeal filed by accused Nos.1 and 2 is dismissed. Hence, the present petition by accused No.1 and 2. 3. Learned counsel for the petitioners has filed a joint memo which contains the signature of the learned counsel for the petitioners and the learned counsel for the respondent. Petitioner No.1 and respondent are not present. However, the joint memo bears the signature of the petitioner No.1. - 6 - HC-KAR NC: 2025:KHC:35763 CRL.RP No. 185 of 2019 C/W CRL.RP No. 184 of 2019 CRL.RP No. 186 of 2019 4. Learned counsel appearing for the petitioners and the respondent jointly submit that the dispute is amicably settled. 5. This Court has perused the joint memo. 6. The joint memo reveals that the respondent has agreed to receive Rs.4,00,000/- towards full and final settlement of the claim against the petitioners. 7. It is further stated that Rs.1,00,000/- is paid to the respondent vide Demand Draft dated 01.09.2025 and the petitioner has agreed to pay balance of Rs.2,14,000/- on or before 31.12.2025. The said payment is to be paid in terms of the installment mentioned in Clause 4. The petitioner has to pay Rs.1,00,000/- on or before 31.10.2025 another Rs.1,00,000/- before 30.11.2025 and balance of Rs.14,000/- on or before 15.12.2025. 8. Prayer is also made to set-aside the fine amount of Rs.30,000/-. It is also stated that the amount in deposit i.e., Rs.86,000/- has to be released in favour of the complainant/ respondent. It is further stated that in the event of any one of - 7 - HC-KAR NC: 2025:KHC:35763 CRL.RP No. 185 of 2019 C/W CRL.RP No. 184 of 2019 CRL.RP No. 186 of 2019 the defaults by the petitioner/accused, the sentence stands reviewed. 9. This Court does not find any impediment to accept the terms of the settlement. 10. Hence, the following: ORDER (i) The Criminal Revision Petitions are allowed. (ii) The judgment dated 09.08.2018 in Criminal Appeal No.1076/2016 on the file of LXVIII Additional Sessions Judge, Bengaluru city is set-aside. (iii) The judgment dated 18.08.2016 in C.C.No.22583/2015, 22584/2015 and 22585/ 2015 are set-aside. (iv) Accused is acquitted of all charges. (v) Subject to the aforementioned conditions, bail bond stands cancelled. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 36