- 1 - HC-KAR NC: 2025:KHC:27805 CRL.RP No. 770 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 770 OF 2025 BETWEEN: SRI. B. N. MANJUNATH S/O LATE NANJEMARIYAPPA AGED ABOUT 59 YEARS PROPRIETOR OF M/S SRI KALABYRAVESHWARA SWAMY STONE CRUSHER R/AT No.254, BETTAHALASURU BANGALORE NORTH – 562 157. BANGALORE URBAN DISTRICT. AND ALSO AT: SRI B N MANJUNATH S/O LATE NANJEMARIYAPPA AGED ABOUT 59 YEARS PROPRIETOR OF M/S SRI KALABYRAVESHWARA SWAMY STONE CRUSHER HAVING REGISTERED OFFICE AT SY No.84/2, CHIKKANAGAVALLI PERESANDRA POST CHICKABALLAPUR DISTRICT KARNATAKA – 562 101. …PETITIONER (BY SRI CHANDRAPPA V, ADVOCATE) AND: M/S. HINDUSTAN CONCRETE A REGISTERED PARTNERSHIP FIRM No.110/4-1, KRISHNAPPA LAYOUT Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27805 CRL.RP No. 770 of 2025 LALBAGH ROAD, BESIDE URVASHI THEATER BENGALURU – 560 027. REPRESENTED BY ITS PARTNERS 1.MR. JUNAID AHMED KHAN & 2.MRS. SUMAIYA SULTANA …RESPONDENT (BY SRI GOWS LAZAM S M, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT DTD 30.12.2024 PASSED BY THE LX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.No.223/2023, DISMISSING THE APPEAL PREFERRED BY THE PETITIONER AND ACQUIT THE PETITIONER AND SET ASIDE THE JUDGEMENT OF CONVICTION AND THE ORDER OF SENTENCE DTD 17.01.2023 PASSED BY XIV ADDL. SMALL CAUSES JUDGE AND ACMM, AT BANGALORE IN CC.No.5864/2019. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The petitioner and his counsel are present. 2. The respondent (power of attorney holder Sri Syed Muzammil Azam) is present. 3. Learned counsel for the respondent is present. 4. Joint memo is filed and it is signed by the petitioner, power of attorney holder of the respondent and - 3 - HC-KAR NC: 2025:KHC:27805 CRL.RP No. 770 of 2025 their respective counsels. As per terms of the joint memo, the matter is settled for Rs.10,00,000/- (rupees Ten Lakhs only). The terms of the settlement are contained in para No.4 they reads thus; 4. As per the terms of settlement between the parties: a) The Respondent has agreed to withdraw C.C.No.7083/2019 filed under Section 138 of the N.I. Act pending before the II Addl. CJM, Bengaluru Rural and to return all the original cheques to the petitioner and the respondent has given up all his claim. b) The respondent has no objection for allowing the present Criminal Revision Petition and setting aside the conviction and sentence imposed on the petitioner. c) The Petitioner has agreed to file a memo in the execution proceedings vide Com.Ex.No.250/2023 that the petition may be dismissed as withdrawn in view of settlement arrived by the parties and he has given up his claim. The petitioner shall return - 4 - HC-KAR NC: 2025:KHC:27805 CRL.RP No. 770 of 2025 the cheque to the respondent in the above case. d) The petitioner had deposited totally a sum of Rs.2,55,000/-in C.C.No.5864/2019 on the file of XIV Additional Small Causes Judge and ACMM (S.C.C.H.No.10). The petitioner has no objection for withdrawal of amount of Rs.2,45,000/- by the power of attorney holder of the respondent and the remaining amount of Rs.10,000/- has to be retained by the office towards fine payable to Government. e) The petitioner and respondent have further agreed that, the petitioner shall pay an amount of Rs.7,58,000/- to the respondent represented by his power attorney holder holder Mr.Syed Muzammil Azam by way of D.D.bearing No.000674 dated.22.07.2025 drawn on Bank of India, Bettahalasur Branch in favour of Syed Muzammil Azam. f) The Petitioner Paid, Rs.5,000/- (five thousand ) in cash. 5. In terms of above settlement, the respondent reports receipt of Demand Draft for Rs.7,50,000/- (rupees - 5 - HC-KAR NC: 2025:KHC:27805 CRL.RP No. 770 of 2025 Seven Lakhs Fifty Thousand only) dated 22.07.2025 drawn in Bank of India, Bettahalasur Branch drawn in favor of Sri Syed Muzammil Azam. The petitioner has no objection for the respondent to withdraw the amount of Rs.2,45,000/- (rupees Two Lakhs Forty Five Thousand only) out of amount of Rs.2,55,000/- in deposit, deposited by the petitioner before the trial Court in C.C.No.5864/2019. The petitioner pays Rs.5,000/- by cash to the respondent. The respondent reports receipt of Rs.5,000/- from the petitioner by cash. 6. In view of settlement, the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 is compounded. In view of compounding of the offence, this Criminal Revision Petition is disposed of as the offence is compounded. 7. Special Power of Attorney holder of the respondent i.e., Sri Syed Muzammil Azam is permitted to withdraw the amount of Rs.2,45,000/- (rupees Two Lakhs Forty Five Thousand only) out of amount of Rs.2,55,000/- - 6 - HC-KAR NC: 2025:KHC:27805 CRL.RP No. 770 of 2025 in deposit, deposited by the petitioner before the trial Court. 8. The respondent has to withdraw C.C.No.7083/2019 pending before the II Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru and get return all seven cheques and handover them to the petitioner herein. 9. The petitioner has to withdraw Commercial Execution No.250/2023. The petitioner has to return all five cheques produced in Commercial O.S. No.248/2022 (pertaining to Commercial Execution No.250/2023) and hand over them to the Special Power of Attorney of the respondent. 10. The Special Power of Attorney of the respondent shall furnish his bank account details to the trial Court so as to enable to transfer the amount in deposit directly to his account. - 7 - HC-KAR NC: 2025:KHC:27805 CRL.RP No. 770 of 2025 11. In view of the settlement, IA No.1/2025 seeking condonation of delay of 14 days in filing this Criminal Revision Petition is allowed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 19