- 1 - HC-KAR NC: 2026:KHC:8503 CRL.RP No. 869 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 869 OF 2017 BETWEEN: SRI B.C. PRABHUSWAMY S/O CHANNABASAVANNA AGED ABOUT 55 YEARS PROPRIETOR M/S SOWMYASHREE TRADERS, BEHIND TRIMURTHI TALKIES VINAYAKANAGARA, TIPTUR - 572 201. …PETITIONER (BY SRI VEERANNA G TIGADI, ADV.) AND: T.S. PRAKASH S/O SHIVAPPA AGED ABOUT 50 YEARS R/AT TUPPADAHALLI VILLAGE HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. …RESPONDENT (BY SRI K.L. SREENIVAS, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDE OF CONVICTION AND SENTENCE AND FINE IMPOSED BY THE LEARNED PRL. CIIVL JUDGE AND JMFC, CHANNARAYAPATNA VIDE JUDGMENT DATED 28.09.2016 PASSED IN C.C.NO.821/2011 AND FURTHER BE PLEASED TO SET ASIDE THE JUDGMENT PASSED BY THE LEARNED IV ADDL. DIST. AND S.J., HASSAN DISTRICT (SITTING AT CHANNARAYAPATNA) PASSED IN CRL.A.NO.199/2016 VIDE JUDGMENT DATED 31.07.2017. 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:8503 CRL.RP No. 869 of 2017 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 of conviction and sentence dated 28.09.2016 passed in CC.No.821/2011 by the Court of Prl. Civil Judge & JMFC, Channarayapatna, which is confirmed in Crl.A.No.199/2016 by the Court of IV Addl. District & Sessions Judge, Hassan, vide judgment and order dated 31.07.2017. 2. Learned Counsel for the parties jointly submit that the dispute between the parties has been amicably settled during the pendency of the petition and the respondent-complainant has agreed to receive the amount deposited by the petitioner before the Trial Court towards full and final settlement of the amount covered under the cheque in question. They submit that the parties have today filed a joint memo before this Court reporting settlement and the amount which is in deposit may be permitted to be withdrawn by the respondent. 3. Learned Counsel for the petitioner submits that in compliance of the interim order passed by this Court on 23.08.2017, 40% of the fine amount inclusive of the amount - 3 - HC-KAR NC: 2026:KHC:8503 CRL.RP No. 869 of 2017 deposited by the petitioner earlier, has been deposited by the petitioner before the Trial Court in CC.No.821/2011 and the said amount may be permitted to be withdrawn by the respondent-complainant. 4. The aforesaid submissions are placed on record. 5. The parties who are present before the Court in person are identified by their learned Advocates. The joint memo which is filed before the Court reporting settlement is signed by the parties and by their learned Advocates. The said joint memo is taken on record. 6. In view of the settlement arrived between the parties during the pendency of this petition, this revision petition is required be disposed of in terms of the joint memo and the impugned judgment and order of conviction and sentence passed by the courts below is required to be set aside. Accordingly, the following order: 7. Criminal revision petition is allowed. The judgment and order of conviction and sentence dated 28.09.2016 passed in CC.No.821/2011 by the Court of Prl. Civil Judge & JMFC, - 4 - HC-KAR NC: 2026:KHC:8503 CRL.RP No. 869 of 2017 Channarayapatna, and the judgment and order dated 31.07.2017 passed in Crl.A.No.199/2016 by the Court of IV Addl. District & Sessions Judge, Hassan, are set aside. The petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act and his bail bonds, if any, stands cancelled. The respondent-complainant is permitted to withdraw the fine amount which is said to be deposited by the petitioner before the Trial Court in compliance of the interim order dated 23.08.2017 passed by this Court. 8. In the event, if it is found that the petitioner has not deposited the fine amount in compliance of the interim order dated 23.08.2017 passed by this Court, petitioner shall deposit the said amount within a period of three weeks from the date of receipt of the certified copy of this order, failing which, the respondent-complainant is at liberty to file necessary application in this revision petition to revive this order. Sd/- (S VISHWAJITH SHETTY) JUDGE KK