- 1 - HC-KAR NC: 2026:KHC:10356 CRL.RP No. 358 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 358 OF 2024 BETWEEN: SRI R. GANESH RAO S/O LATE RUDROJI RAO AGED ABOUT 55 YEARS AGRICULTUIST AND BUSINESS MARASHETTIHALLI GRAMA KALLIHAL POST 577 301 BHADRAVATHI TALUK. …PETITIONER (BY SRI B.S. PRASAD, ADV.) AND: SRI JAI PRAKASH RAO S/O LATE KRISHNOJI RAO AGED ABOUT 65 YEARS AGRICULTURIST R/O VASAVI COLONY - 577 301 BHADRAVATHI. …RESPONDENT (BY SRI ANANTHAPADMANABHA G.N, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 08.02.2024 IN CRL.A.NO.5047/2023 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITING AT BHADRAVATHI FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10356 CRL.RP No. 358 of 2024 ORAL ORDER 1. Accused is before this Court in this Criminal revision petition filed under Section 397 R/w 401 of Cr.P.C, with a prayer to set aside the judgment and order dated 25.04.2023 passed in C.C.No.3055/2017 by the Court of II Addl. Civil Judge & JMFC, Bhadravathi and the judgment and order dated 08.02.2024 passed in Criminal Appeal No.5047 of 2023 by the Court of IV Addl. District & Sessions Judge, Shivamogga (sitting at Bhadravathi). 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been amicably settled and the respondent has agreed to receive ₹.16 lakhs from the petitioner towards full and final settlement of the amount covered under the cheque in question. They submit that, parties have filed an application before this Court under Section 147 of the Negotiable Instruments Act. The said application is taken on record. The application is signed by the learned counsels and also by the - 3 - HC-KAR NC: 2026:KHC:10356 CRL.RP No. 358 of 2024 petitioner. In paragraph no.2 of the application filed under Section 147 of the N.I Act, it is stated as follows:- "2. It is humbly submitted by the Petitioner that with the intervention of well-wishers Petitioner and Respondent has intended to settle the claim of the Respondent and agreed to pay sum of Rs.16,00,000/- where Rs.10,00,000/- has already deposited and Petitioner has already withdrawn the same. Two lakhs paid in cash on 24.04.2019 which is admitted by the Respondent and further amount of Rupees One lakh is paying today by case and remaining Three lakh through postdated cheque of Rs 3,00,000/- bearing cheque no.780160 dated 26/03/26 for KARNATAKA BANK LTD., Shivamogga full and final settlement and further the petitioner and Respondent have compromised the above case and further the complainant/Respondent does not intend to proceed with the case against the petitioner. Under these circumstances this Hon'ble High Court may be pleased to permit the Petitioner and Respondent to compound the offence and further be pleased to acquit the petitioner of the charge levelled against him." 4. Learned counsel for the respondent has acknowledged receipt of ₹.1,00,000/- in cash and also the post dated cheque for a sum of ₹.3,00,000/- as stated in paragraph no.2 of the application. - 4 - HC-KAR NC: 2026:KHC:10356 CRL.RP No. 358 of 2024 5. In view of the aforesaid, the Criminal Revision petition is required to be disposed of in terms of the settlement arrived between the parties and the application filed by the parties under Section 147 of the Negotiable Instruments Act needs to be allowed. 6. Learned counsel for the respondent submits that, amount of ₹.10,00,000/- (Rupees Ten Lakh) deposited by the petitioner before the Trial Court has been already withdrawn. Liberty is reserved to the respondent to file necessary application to recall or revive this order, in the event the post dated cheque issued to the respondent by the petitioner is dishonoured. 7. Accordingly, the following:- ORDER i. Application filed under Section 147 of the Negotiable Instruments Act by the parties is allowed and they are permitted to compound the offence punishable under Section 138 of the Negotiable Instruments Act for which petitioner has been convicted and sentenced by the Courts - 5 - HC-KAR NC: 2026:KHC:10356 CRL.RP No. 358 of 2024 below. Consequently, the criminal revision petition is allowed. ii. The judgment and order of conviction and sentence passed by the Courts below against the petitioner are set aside and he is acquitted of the offence punishable under Section 138 of Negotiable Instruments Act. His bail bonds, if any, stands cancelled. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 33