- 1 - HC-KAR NC: 2026:KHC:10309 CRL.RP No. 1152 of 2016 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. 1152 OF 2016 BETWEEN: SRI B.C. VENKATESH S/O CHIKKANNA AGED ABOUT 59 YEARS R/O RADHAKRISHNA ROAD WARD NO.18, R.M.V. 2ND STAGE BANGALORE - 560 094. …PETITIONER (BY SRI PRUTHVI WODEYAR, ADV.) AND: SMT. PREMA W/O SRI BYIAPPA AGED ABOUT 49 YEARS R/AT BEHIND POLICE STATION DODDABALEVANGALA VILLAGE DODDABALLAPURA TALUK - 561 203. …RESPONDENT (BY SRI SHETTY DEEPAK, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER OF CONVICTION DATED 31.08.2016 PASSED BY THE IV ADDL. DIST.A ND S.J., AT DODDABALLAPURA, BANGALORE RURAL DISTRICT IN CRL.A.NO.10010/2015, CONFIRMING THE ORDER OF CONVICITON PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, DODDABALLAPYURA IN C.C.NO.247/2011 DATED 28.07.2015 FOR THE OFFENCES P/U/S 138 OF N.I ACT, BY ALLOWING THIS CRL.R.P. THIS PETITION, COMING ON FOR FURTHER HEARING, 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:10309 CRL.RP No. 1152 of 2016 ORAL ORDER 1. The accused is before this Court in this revision petition filed under Section 397 Rule 401 of Cr.P.C, with a prayer to set aside the judgment and order dated 28.07.2015 passed in C.C.No.247/2011 by the Court of Addl. Civil Judge & JMFC, Doddaballapura and the judgment and order dated 31.08.2016 passed in Criminal Appeal No.10010 of 2015 passed by the Court of IV Addl. District & Sessions Judge, Doddaballapura. 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 during pendency of the petition and respondent has agreed to receive a total sum of ₹.16,50,000/- from the petitioner towards the full and final settlement of the amount covered under the cheque in question which is subject matter of this petition. They submit that parties have filed a joint affidavit before this Court. It is submitted that settlement between the parties is voluntary without there being any undue influence and coercion. In - 3 - HC-KAR NC: 2026:KHC:10309 CRL.RP No. 1152 of 2016 paragraph nos.3 to 6 of the joint affidavit filed by the parties, it is stated as follows: - "3. we state that, we have agreed to settle the matter amicably and both have resolved the dispute by agreeing the following the terms and conditions. 4. We further state that we have agreed that, the petitioner herein is ready to pay the total amount of Rs.16,50,000/-(Rupees Sixteen Lakhs Fifty Thousand Only) as full and final settlement, towards Rs Twenty Lakhs only as order by the Courts below and the petitioner herein is paying Rs. 11,00,000/- (Rupees Eleven Lakh only) today by way of Demand draft dated 17/02/2026 bearing No.801820 drawn in favour of the respondent. 5. The petitioner herein has deposited Rs Four Lakhs only(Rs 4,00,000/-) before the 1st Addl. Civil Judge & Judicial Magistrate of First Class Doddaballapura (Rs.3,00,000/- by way of D.D. bearing No.048991 dated: 15/09/2015 and Rs.1,00,000/- by wary of D.D.bearing No.414006 dated 04/10/2016) and the petitioner has no objection for the respondentto withdraw the said amount which is deposited before the trail court 1st Addi. Civil Judge & Judicial in C.C. Magistrate of First Class Doddaballapura, No.247/2011 and further the petitioner is paying a sum of Rs. 1,50,000/-(One Lakhs Fifty Thousand Only) by way of cash today before this Hon'ble court. - 4 - HC-KAR NC: 2026:KHC:10309 CRL.RP No. 1152 of 2016 6. We state that, in furtherance to the aforementioned consensus, the respondent has no objection to allow the petition, by compounding the offence U/Sec 138 of the NI Act and we have entered into the present joint affidavit on our free will and accord and their respective consent are not obtained through fraud, coercion and/or misrepresentation, undue influence." 4. Considering the fact that the parties have now settled the dispute and that the offence for which petitioner has been convicted and sentenced by the Courts below is a compoundable offence, I am of the opinion that the prayer made in the application filed by the parties under Section 147 of the N.I Act needs to be granted and the revision petition needs to be disposed of in terms of the settlement arrived between the parties. 5. Accordingly, the following:- ORDER i. Parties 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 below. Consequently, the Criminal Revision petition is allowed. The impugned judgment and order of - 5 - HC-KAR NC: 2026:KHC:10309 CRL.RP No. 1152 of 2016 conviction and sentence passed by the Courts below against the petitioner are set aside and the petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. His bail bonds, if any stands cancelled. ii. Respondent complainant is permitted to withdraw the amount of ₹ 4,00,000/- deposited by the petitioner before the Trial Court. The registry is directed to forthwith, return the Trial Court records Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 37