- 1 - HC-KAR CNR: KAHC010554932025 NC: 2026:KHC:42673 CRL.RP No. 1236 of 2025 C/W CRL.RP No. 1240 of 2025 CRL.RP No. 1242 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO. 1236 OF 2025 C/W CRIMINAL REVISION PETITION NO. 1240 OF 2025 CRIMINAL REVISION PETITION NO. 1242 OF 2025 CRIMINAL REVISION PETITION NO. 1246 OF 2025 IN CRL.RP No. 1236/2025: BETWEEN: SRI. CHAND PASHA S/O AMEER JAN, AGED ABOUT 53 YEARS, R/A NO.32, 9TH CROSS, 9TH MAIN, RANGADASAPPA LAYOUT, BHANNERUGHTTA LAYOUT, BANGALORE - 560 078. …PETITIONER (BY SRI. NAGESH S, ADVOCATE) AND: SRI. B. KRISHNA S/O LATE BASAVAIAH, AGED ABOUT 56 YEARS, R/A NO.24, 5TH CROSS, NANJAPPA LAYOUT, ADUGODI BENGALURU - 30. …RESPONDENT (BY SRI. RAHUL S. REDDY, ADVOCATE) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010554932025 NC: 2026:KHC:42673 CRL.RP No. 1236 of 2025 C/W CRL.RP No. 1240 of 2025 CRL.RP No. 1242 of 2025 AND 1 OTHER THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 01.07.2025 PASSED IN CRL.A.NO.331/2019 PENDING ON THE FILE OF LII ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION ORDER DATED 26.12.2018 PASSED IN CRIMINAL CASE NO.6642/2017 PENDING BEFORE THE FILE OF XIII A.C.J.M BENGALURU BY ENHANCING. IN CRL.RP NO. 1240/2025 BETWEEN: SRI. CHAND PASHA S/O AMEER JAN, AGED ABOUT 53 YEARS, R/A NO.32,9TH CROSS, 9TH MAIN, RANGADASAPPA LAYOUT, BHANNERUGHTTA LAYOUT, BANGALORE - 560 078. ...PETITIONER (BY SRI. NAGESH S, ADVOCATE) AND: SRI. B. KRISHNA S/O LATE BASAVAIAH, AGED ABOUT 56 YEARS, R/A NO.24, 5TH CROSS, NANJAPPA LAYOUT, ADUGODI BENGALURU - 30. ...RESPONDENT (BY SRI. RAHUL S. REDDY, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 01.07.2025 PASSED IN - 3 - HC-KAR CNR: KAHC010554932025 NC: 2026:KHC:42673 CRL.RP No. 1236 of 2025 C/W CRL.RP No. 1240 of 2025 CRL.RP No. 1242 of 2025 AND 1 OTHER CRL.A NO.331/2019 PENDING ON THE LII ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-53) CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION ORDER DATED 26.12.2018 PASSED IN CRIMINAL CASE NO.6644/2017 PENDING BEFORE THE FILE OF XIII ADDL.CJM, BENGALURU BY ENHANCING. IN CRL.RP NO. 1242/2025 BETWEEN: SRI. CHAND PASHA S/O AMEER JAN, AGED ABOUT 51 YEARS, R/A NO.32,9TH CROSS, 9THY MAIN, RANGADASAPPA LAYOU BHANNERUGHTTA LAYOUT, BANGALORE - 560 078. ...PETITIONER (BY SRI. NAGESH S, ADVOCATE) AND: SRI. B. KRISHNA S/O LATE BASAVAIAH, AGED ABOUT 54 YEARS, R/A NO.24, 5TH CROSS, NANJAPPA LAYOUT, ADUGODI BENGALURU - 30. ...RESPONDENT (BY SRI. RAHUL S. REDDY, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 01.07.2025 PASSED IN CRL.A.NO.332/2019 PENDING ON THE LII - 4 - HC-KAR CNR: KAHC010554932025 NC: 2026:KHC:42673 CRL.RP No. 1236 of 2025 C/W CRL.RP No. 1240 of 2025 CRL.RP No. 1242 of 2025 AND 1 OTHER ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-53) CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION ORDER DATED 26.12.2018 PASSED IN C.C.NO.6643/2017 PENDING BEFORE THE FILE OF THE XIII ADDL. CJM BENGALURU. IN CRL.RP NO. 1246/2025 BETWEEN: SRI. CHAND PASHA S/O AMEER JAN, AGED ABOUT 53 YEARS, R/A NO.32, 9TH CROSS, 9TH MAIN, RANGADASAPPA LAYOUT, BHANNERUGHTTA LAYOUT, BANGALORE -560 078. ...PETITIONER (BY SRI. NAGESH S, ADVOCATE) AND: SRI. B. KRISHNA S/O LATE BASAVAIAH, AGED ABOUT 56 YEARS, R/A NO.24, 5TH CROSS, NANJAPPA LAYOUT, ADUGODI BENGALURU - 30. ...RESPONDENT (BY SRI. RAHUL S. REDDY, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER DTD 01.07.2025 PASSED IN CRL.A.NO.330/2019, PENDING ON LII ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU (CCH-53) CONFIRMING - 5 - HC-KAR CNR: KAHC010554932025 NC: 2026:KHC:42673 CRL.RP No. 1236 of 2025 C/W CRL.RP No. 1240 of 2025 CRL.RP No. 1242 of 2025 AND 1 OTHER THE JUDGEMENT AND ORDER OF CONVICTION ORDER DTD 26.12.2018 PASSED IN CC.NO.6640/2017, PENDING BEFORE THE FILE OF XIII ACJM, BENGALURU. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER These appeals are filed by the petitioner challenging the concurrent findings of the Trial Court and the First Appellate Court seeking to set aside the judgment of conviction and sentence for the offences punishable under section 138 of the N.I. Act, in C.C.Nos.6640/2017, 6642/2017, 6643/2017 and 6644/2017, on the file of the 13th CMM, Bengaluru (for short 'the Trial Court'). 2. Both the learned counsel and their respective parties are present and have filed a joint memo. 3. The terms of settlement entered into between the parties are recorded in the joint memo, which reads as follows:- - 6 - HC-KAR CNR: KAHC010554932025 NC: 2026:KHC:42673 CRL.RP No. 1236 of 2025 C/W CRL.RP No. 1240 of 2025 CRL.RP No. 1242 of 2025 AND 1 OTHER "1. The respondent/complainant had filed a complaint Under section 138 of N.I. Act against the petitioner/accused in C.C No.6640/2017, 6642/2017, 6643/2017 and 6644/2017 on the file of 13th CMM at Bengaluru. The trial court has passed judgement dated 26.12.2018 and convicted the accused in all the matters. The petitioner/ accused being aggrieved by judgment and conviction filed a Criminal Appeal judgement and conviction filed No.330/2019, 331/2019, 332/2019 and 333/2019 on the file of city civil judge at Bengaluru. The city civil judge Bengaluru to grant the stay and to suspend the sentence directed the petitioner/accused to deposit 20% of the cheque amount before the trial court. Accordingly, the petitioner/accused have deposited the 20% of the cheque amount before the trial court. The Hon'ble city civil judge by judgement dated 01.07.2025, dismissed all the criminal appeal filed by the petitioner/accused. The petitioner/accused aggrieved by the judgement passed by the appellant court have preferred the above criminal revision petitions before this Hon'ble court. This Hon'ble court to stay the further proceedings and to suspend the sentence directed the petitioner accused to deposit 20% of the trial the fine petitioner/accused have deposited 20% of the fine amount in CRL. Revision petition No.1236/2025, 1240/2025 and 1246/2025, the petitioner/accused have not deposited the fine amount in CRL. Revision petition No.1242/2025. This Hon'ble court while passing the interim order directed the trial court to deposit the fine amount in any of the National bank for a period of 1 year. If the trial court have already deposited in any National Bank this Hon'ble court may be pleased to direct the trial court to call for the amount from bank to disburse the amount to respondent/complainant. The petitioner/accused have agreed have no objection to release the amount deposited in the trial court to the respondent/complainant. 2. The petitioner/accused have also agreed to pay a sum of Rs.35,00,000/- today to the respondent/complainant within a period of 2 months from today. If the petitioner/accused failed to pay the said amount within 2 months he has agreed to pay double the above said amount of Rs.35,00,000/-, i.e., 70,00,000/- to the respondent/complainant. - 7 - HC-KAR CNR: KAHC010554932025 NC: 2026:KHC:42673 CRL.RP No. 1236 of 2025 C/W CRL.RP No. 1240 of 2025 CRL.RP No. 1242 of 2025 AND 1 OTHER 3. The trial court records and appellant court records have already put-up to the above petitions. The records are very much necessary to apply for payment of the amount to the respondent/complainant. Hence this Hon'ble court may be pleased to direct the office to send back the files to the trial court and appellant court henceforth. 4. The petitioner and respondent pray that this Hon'ble court may be pleased to record the above compromise and take the joint memo on record and dispose the matter accordingly in the ends justice and equity." 4. Parties are also present before the Court today and are duly identified by the learned counsel appearing on their behalf. 5. The terms of settlement are recorded. 6. In view of the joint memo and accepting the submissions, the judgment of conviction passed by the Trial Court is hereby set aside. 7. The amount deposited before the Trial Court shall be released and paid to the respondent/complainant on proper identification, as the petitioner/accused has no objection to the same. 8. In terms of the joint memo, the appeals stand disposed of. - 8 - HC-KAR CNR: KAHC010554932025 NC: 2026:KHC:42673 CRL.RP No. 1236 of 2025 C/W CRL.RP No. 1240 of 2025 CRL.RP No. 1242 of 2025 AND 1 OTHER 9. Registry is directed to transmit the Trial Court Records along with a copy of this order to the concerned trial Court. In view of the disposal of the appeals, the pending interlocutory applications do not survive for consideration and are accordingly, dismissed. Sd/- (VENKATESH NAIK T) JUDGE TMP List No.: 1 Sl No.: 27