- 1 - HC-KAR NC: 2026:KHC:23357 CRL.RP No. 1347 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1347 OF 2025 BETWEEN: MR. VIJAY B. NAIR AGED ABOUT 49 YEARS, S/O BHALGIAM A N, RESIDING AT NO.2, ASHRAYA APARTMENTS, S.M.ROAD, T.DASARAHALLI, BANGALORE - 560 057. …PETITIONER (BY SRI. ADITHYA N, ADVOCATE FOR SRI. PRAVEEN C, ADVOCATE) AND: RAKESH H.S, S/O LATE H. SHANKAR JAIN, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23357 CRL.RP No. 1347 of 2025 RESIDING AT NO.1634, JASHN, NORTHERN EXTENSION, HASSAN - 573 201. …RESPONDENT (BY SRI. A.S. KULKARNI, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER DTD 09.07.2025 PASSED IN CRL.A.NO.254/2023 BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN AND ON 17.10.2023 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC, AT HASSAN IN CC.NO.1545/2021, FOR THE OFFENCE P/U/S 138 OF N.I ACT AND TO ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2026:KHC:23357 CRL.RP No. 1347 of 2025 ORAL ORDER Parties are present before the Court. 2. Learned counsel for the parties have filed a joint memo, which reads as under. JOINT MEMO The Petitioner and the Respondent, through their respective counsel, respectfully submit as follows: 1. The Petitioner had preferred the present Petition challenging the Judgment and Order passed in Crl.A. No. 254/2023 by the Hon'ble II Additional District and Sessions Judge at Hassan, confirming the Judgment of conviction and sentence passed in C.C. No. 1545/2021 by the learned Magistrate for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. The complaint was filed alleging that the Respondent had advanced a loan of Rs.12,00,000/- to the Petitioner, and towards discharge of the said liability, the Petitioner issued a cheque which came to be dishonoured. After issuance of statutory notice and failure to comply, the complaint was filed. The learned Magistrate convicted the Petitioner and imposed a fine of Rs. 12,15,000/-, out of which Rs. 5,000/- was ordered to be credited to the State Exchequer and the remaining amount to the complainant. In default, the Petitioner was directed to undergo simple imprisonment for six months. The appeal before the Sessions Court came to be dismissed. 3. It is submitted that, The Petitioner has already deposited 50% of the fine amount, i.e., a sum of Rs. 6,07,000/-, before the Trial Court. - 4 - HC-KAR NC: 2026:KHC:23357 CRL.RP No. 1347 of 2025 4. It is submitted that, both the Petitioner and Respondent have amicabally settled the matter for total sum of Rs. 11,00,000/-(Rupees Eleven Lakhs only) in full and final settlement. 5. It is submitted that, as aforesaid mentioned amount, Rs. 6,07,000/- has already been deposited before the Trial Court. The balance amount of Rs. 4,92,500/- shall be paid by the Petitioner to the Respondent in four equal monthly installments of Rs. 1,23,125/-each, on or before the 27th day of each month, as detailed below:
27-05-2026 Rs. 1,23,125/-
27-06-2026 Rs. 1,23,125/-
27-07-2026 Rs. 1,23,125/-
27-08-2026 Rs. 1,23,125/- 6. The Respondent is at liberty to withdraw the amount already deposited before the Trial Court. 7. In the event of default in payment of any of the above installments within the stipulated time, the Respondent shall be at liberty to restart the proceedings in accordance with law. 8. It is Submitted that, there is no outstanding dues between the Petitioner & respondent,, the matter having been settled in full and final. - 5 - HC-KAR NC: 2026:KHC:23357 CRL.RP No. 1347 of 2025 9. In view of the above settlement, the parties respectfully pray that this Hon'ble Court may be pleased to record this Joint Memo and pass appropriate orders in the interest of justice and equity. WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to dispose of the above appeal in terms of this Joint Memo, in the interest of justice. 3. Placing joint memo on record, revision petition stands disposed of. 4. Amount in deposit is ordered to be withdrawn by the complainant under due identification. 5. It is made clear that if the balance amount of compensation as agreed in the joint memo is not filed. petitioner shall undergo imprisonment as ordered by Trial Magistrate confirmed by the First Appellate Court. Sd/- (V SRISHANANDA) JUDGE VS List No.: 2 Sl No.: 38