- 1 - HC-KAR NC: 2026:KHC:8830 CRL.RP No. 114 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 114 OF 2026 BETWEEN: MR. MOHAMMED USAMA KANDHLAVI AGED ABOUT 41 YEARS SON OF LATE IZHAR AHMED RESIDING AT G7, JEEVAN APARTMENT JAMIA NAGAR, OKHLA NEW DELHI - 110 025. …PETITIONER (BY SRI SYED MUJAHID UL ISLAM, ADV.) AND: MR. HASSAN MOOSA AGED ABOUT 61 YEARS SON OF LATE MOOSA DAWOOD RESIDING AT NO.37/4 CUNNINGHAM ROAD CROSS JAYRAMDAS LAYOUT BENGALURU - 560 052. …RESPONDENT THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT DTD 17.10.2025 IN CRL.A.NO.25028/2025 PASSED BY THE HONBLE LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (ANNEXURE-A). THIS PETITION, COMING ON FOR ORDERS, 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:8830 CRL.RP No. 114 of 2026 ORAL ORDER 1. Accused is before this Court in this revision petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order dated 02.12.2024 passed by the Court of XXXIV Addl. Chief Metropolitan Magistrate, Bengaluru, in CC.No.58989/2018, and the judgment and order dated 17.10.2025 passed by the Court of LXXIII Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru, in Crl.A.No.25028/2025. 2. Learned Counsel for the petitioner submits that the dispute between the parties has been amicably settled during the pendency of this revision petition at the intervention of friends and well-wishers and in view of the settlement arrived between the parties, the impugned judgment and order of conviction and sentence passed by the courts below may be set aside. He has filed a joint memo before this Court dated 12.02.2026. The same is taken on record. 3. The joint memo is signed by the petitioner, respondent and also by the learned Counsel for the petitioner. The - 3 - HC-KAR NC: 2026:KHC:8830 CRL.RP No. 114 of 2026 respondent who is present in person before the court has admitted the contents of the joint memo. In paragraph nos.1 to 6 of the joint memo, it is stated as under: "1. It is submitted that the Respondent/Complainant had filed C.C.No.58989/2018 against the Petitioner/Accused for offence punishable under Section 138 of the Negotiable Instrument Act before the XXXIV Addl Chief Judicial Magistrate, Bengaluru. 2. The Hon'ble XXXIV Addl chief Judicial Magistrate, Bengaluru vide order dated 02.12.2024 convicted the Petitioner/Accused herein, Being aggrieved by the said order, the Petitioner/Accused preferred the Appeal in Crl.A.No.25028/2025. However, the said learned Appellate Court was pleased to confirmed the order of the learned Trail Court on 17.10.2025. 3. It is submitted that with the intervention of friends and well-wishers the Parties have settled the above matter amicably. 4. It is further submitted that the Respondent/Complainant have also filed a Criminal case of cheating against the Petitioner/Accused in C. C.No.53481/2022, pending before X Addl Chief Judicial Magistrate, Mayohall. - 4 - HC-KAR NC: 2026:KHC:8830 CRL.RP No. 114 of 2026 5. It is submitted that in the viev of settlement between the parties in the aforesaid case, the Respondent/Complainant has agreed to and shall withdraw the said criminal case of cheating filed against the Petitioner/Accused and Accused No.2 in C.C.No.53481/2022, pending before X Addl. Chief Judicial Magistrate, Mayohall. 6. Both the parties have agreed to the aforesaid settlement without any coercion or undue influence. Further, the Respondent/Complainant shall have no future claims." 4. In view of the settlement arrived between the parties, this revision petition is required to be disposed of in terms of the joint memo, and the impugned judgment and order of conviction and sentence passed against the petitioner is required to be seta side. Accordingly, the following order: 5. Criminal revision petition is allowed. The impugned judgment and order dated 02.12.2024 passed by the Court of XXXIV Addl. Chief Metropolitan Magistrate, Bengaluru, in CC.No.58989/2018, and the judgment and order dated 17.10.2025 passed by the Court of LXXIII Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru, in Crl.A.No.25028/2025, are set aside. Petitioner is acquitted of - 5 - HC-KAR NC: 2026:KHC:8830 CRL.RP No. 114 of 2026 the offence punishable under Section 138 of the N.I.Act. His bail bonds, if any, stands cancelled. Sd/- (S VISHWAJITH SHETTY) JUDGE KK