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2026 DAILYLAW 16594 (KAR)

TRIBOL VOICE COMMUNICATIONS PRIVATE LIMITED v. P S MANJUNATH

CRL.RP/118/2023 · 2026-04-15

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20419 CRL.RP No. 118 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 118 OF 2023 BETWEEN: 1. TRIBOL VOICE COMMUNICATIONS PRIVATE LIMITED A REGISTERED COMPANY UNDER THE COMPANIES ACT REPRESENTED BY ITS MANAGING DIRECTOR SRI ARUN KUMAR BOLAR HAVING ITS REGISTERED OFFICE AT GIB 9/1, GROUND FLOOR COMMERCE HOUSE CUNNINGHAM ROAD BANGALORE - 560 052 2. SRI ARUN KUMAR BOLAR AGED ABOUT 71 YEARS S/O BHASKAR MANAGING DIRECTOR OF TRIBOL VOICE COMMUNICATIONS PRIVATE LIMITED R/AT NO.583, 12TH A CROSS 8TH MAIN, J.P. NAGAR 2ND PHASE BANGALORE - 560 078 …PETITIONERS (BY SRI. OMKAR BASAVA PRABHU, ADVOCATE) AND: 1. P.S. MANJUNATH S/O LATE SRINIVAS MURTHY AGED ABOUT 53 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20419 CRL.RP No. 118 of 2023 C/O G M CONTROLS LNC NO.154/1, 1ST FLOOR, 4TH MAIN 8TH CROSS, CHAMARAJAPET BENGALURU - 560 018 ALSO AT NO.777, 9TH MAIN ROAD BHUVANESHWARI NAGARA BENGALURU - 560 085 …RESPONDENT (BY SRI. C.N. ACHUTHA MURTHY, ADVOCATE) THIS CRL.R.P. FILED U/S. 397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT PASSED BY THE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-64), BENGLAURU IN CRL.A.NO.1465/2019 DATED 28.12.2022 AT ANNEXURE-B AND THE JUDGMENT PASSED BY THE HONOURABLE XVIII ADDL.C.M.M., NRUPATHUNGA ROAD, BENGALURU IN C.C.NO.33519/2011 DATED 10.06.2019 AT ANNEXURE-A AND ACQUIT THE PETITIONER FROM THE ALLEGED OFFENCE & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Parties are present before the Court. - 3 - HC-KAR NC: 2026:KHC:20419 CRL.RP No. 118 of 2023 2. Joint memo is filed by the parties. Contents of joint memo reads as under: JOINT MEMO OF COMPROMISE UNDER SECTION 147 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 R/W SECTION 320 OF THE CODE OF CRIMINAL PROCEDURE:- The Petitioners and the Respondent named above most humbly submit as follows: 1. The present Criminal Revision Petition is filed by the Petitioners challenging the judgment and order of conviction passed by the Honourable XVIII Addl. Chief Metropolitan Magistrate, Nrupathunga Road, Bengaluru City, in C.C.NO. 33519/2011 dated 10.06.2019. This conviction was subsequently confirmed by the Honourable LXIII Addl. City Civil & Sessions Judge (CCH-64), Bengaluru, in Crl.A.No. 1465/2019 dated 28.12.2022, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. During the pendency of this Revision Petition, at the intervention of well-wishers, elders, and legal counsels, the Petitioners and the Respondent have amicably resolved their entire dispute and have agreed to compound the offence, arriving at a comprehensive, full, and final settlement. - 4 - HC-KAR NC: 2026:KHC:20419 CRL.RP No. 118 of 2023 3. In terms of the said amicable settlement, the Petitioners agreed to pay, and the Respondent agreed to receive, the settlement amount of Rs 13,00,000/- (Thirteen lakhs only) towards the full and final satisfaction of all claims. The payment schedule is as follows: a) A sum of ₹3,00,000/- (Rupees Three Lakhs only) by way of Demand Draft bearing No. 032804, dated 06.04.2026, drawn on IDBI Bank, which was tendered to and acknowledged by the Respondent on 07.04.2026. b) A sum of ₹2,00,000/- (Rupees Two Lakhs only) by way of cash, which was also tendered to and acknowledged by the Respondent on 07.04.2026. c) Towards the balance amount, a post-dated cheque bearing No. 600480, dated 28.04.2026, drawn on IDBI Bank, for a sum of ₹8,00,000/- (Rupees Eight Lakhs only) is being handed over to the Respondent today. 4. The Respondent hereby acknowledges the receipt of the aforementioned post-dated cheque for ₹8,00,000/-. The Respondent unequivocally declares that upon the realisation of this cheque, the present compromise shall constitute a full and final settlement of all claims, monetary, civil, or criminal, arising out of the transaction that formed the subject matter of C.C.NO. 33519/2011. - 5 - HC-KAR NC: 2026:KHC:20419 CRL.RP No. 118 of 2023 5. It is an express condition of this settlement that no claims whatsoever shall be pursued against the Petitioners or any other co-accused persons connected to this transaction. Consequently, the Respondent unconditionally undertakes to withdraw the connected appeal bearing CRL. A 1089/2023 pending before this Hon'ble Court, which was filed by the Respondent challenging the judgment passed by the Honourable LXIII Addl. City Civil and Sessions Judge in Crl. A. No. 1465/2019 dated 28.12.2022. The Respondent shall take immediate steps to file a memo for withdrawal in the said appeal. 6. The parties respectfully submit that the offence under Section 138 of the Negotiable Instruments Act, 1881, is explicitly compoundable in nature by virtue of Section 147 of the Negotiable Instruments Act, 1881. 7. In view of this comprehensive settlement and the statutory mandate of Section 147 of the NI Act, the Respondent has no objection to this Hon'ble Court permitting the compounding of the offence in the present petition. The parties recognise that such compounding shall have the effect of an acquittal of the Petitioners. 8. The parties state that they have entered into this compromise out of their own free will and volition, without any coercion, threat, or undue influence from any quarter, and fully understanding the legal consequences of the same. - 6 - HC-KAR NC: 2026:KHC:20419 CRL.RP No. 118 of 2023 PRAYER Wherefore, the Petitioners and the Respondent most humbly pray that this Hon'ble Court may be pleased to: a) Take this Joint Memo of Compromise on record; b) Permit the parties to compound the offence under Section 147 of the Negotiable Instruments Act, 1881, read with Section 320 of the Code of Criminal Procedure; c) Set aside the judgment and order of conviction passed by the Honourable XVIII Addl. Chief Metropolitan Magistrate, Nrupathunga Road, Bengaluru City, in C.C.NO. 33519/2011 dated 10.06.2019, and the judgment passed by the Honourable LXIII Addl. City Civil & Sessions Judge (CCH-64), Bengaluru, in Crl.A.No. 1465/2019 dated 28.12.2022; and d) Acquit the Petitioners in the present Revision Petition (CRL R.P NO: 118/2023), in the interest of justice and equity. 3. On enquiry parties agree that there is no force or undue influence or coercion to making out the terms of compromise. - 7 - HC-KAR NC: 2026:KHC:20419 CRL.RP No. 118 of 2023 4. Pursuant to the compromise terms, Post dated checque in a sum of Rs.8,00,000/- tendered by the petitioner to the respondent. Same is acknowledged in the order sheet. 5. Hence following order: ORDER (i) Petition stands disposed off in terms of the joint memo. (ii) If there is any default in payment of the amount which is tendered by way of post dated cheque, petitioner shall undergo imprisonment as ordered by the Trial Magistrate, confirmed by the First Appellate Court. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 19