- 1 - HC-KAR NC: 2025:KHC:54145 CRL.A No. 316 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 316 OF 2013 (C) BETWEEN: B A VIJAYAKUMAR S/O PEMMAIAH, AGED ABOUT 57 YEARS, PHONE MECHANIC AT SDOT OFFICE, BELT ROAD, CHIKKAMAGALUR. …APPELLANT (BY SRI. KARTHIK C.,ADVOCATE) AND: PUTTAIAH S/O HANUMANTHA NAIDU, AGED ABOUT 56 YEARS, R/AT BELUR ROAD,FORT, CHIKKAMAGALUR. …RESPONDENT (BY SRI. K.N. MOHAN.,ADVOCATE) THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 25.02.2013 PASSED BY THE P.O. FTC, CHIKMAGALUR IN CRL.A.NO.219/2012 - CONVICTING THE APPELLANT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND ETC. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54145 CRL.A No. 316 of 2013 ORAL JUDGMENT Both parties and their respective advocates are present. 2. Memorandum of Application under Section 147 of Negotiable Instruments Act, 1881 is filed to compound the offence under Section 138 of the Negotiable Instruments Act, 1881, by acquitting the appellant. 3. This application is supported with the affidavit of Sri. B.A. Vijayakumar and Sri.Puttaiah. The parties have settled the disputes amicably and the appellant has agreed to pay a sum of Rs.50,000/- to the respondent as final settlement. 4. The appellant has paid the amount of Rs.40,000/- to the respondent by way of cash today and appellant has no objection for the respondent to seek the return of the amount of Rs.10,000/- deposited by the appellant before the trial Court as per Order dated 26.03.2013. 5. The contents of the compromise petition and affidavit is read over and explained to the parties in the language known to them i.e., Kannada language. Both the parties have agreed to the terms of the compromise petition. The offence under - 3 - HC-KAR NC: 2025:KHC:54145 CRL.A No. 316 of 2013 Section 138 of NI Act is compoundable in nature and hence, application under Section 147 of Negotiable Instruments Act, 1881 is allowed. 6. Compromise recorded. 7. The judgment of conviction and order on sentence dated 25.02.2013 passed in Crl.A.No.219/2012 by the Fast Track Court at Chikkamagalur is set aside. 8. Accused is acquitted of the offence under Section 138 of the NI Act. The trial Court is directed to return the deposited amount of Rs.10,000/- by the accused to the complainant under due and proper identification. Sd/- (G BASAVARAJA) JUDGE RL List No.: 1 Sl No.: 43