- 1 - HC-KAR NC: 2026:KHC:6167 CRL.RP No. 189 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 189 OF 2024 BETWEEN: METILDA ELIZABETH W/O FRANKLIN AGED ABOUT 54 YEARS R/AT NO.1034 KACHARAKANAHALLI HENNUR MAIN ROAD THOMAS TOWN POST BANGALORE - 560 084. …PETITIONER (BY SRI SANDESH KUMAR M, ADV.) AND: MADAN K S/O J. KUMAR AGED ABOUT 32 YEARS R/AT NO. 1/1, ARTILARY ROAD, ULSOOR, BANGALORE - 560 008. …RESPONDENT (BY SRI KUMAR M.D, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT IN ORDER OF CONVICTION AND SENTENNCED PASSED IN XXXIV ACMM BENGALURU (CCH-73) IN CRL.A.NO25136/2023 ON THE 26.12.2021 AND SENTENCE OF CONVICTION DATED 11.04.2019 PASSED BY THE LEARNED XXXIV ACM BENGALUR AND EXAMINE THE SAME. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6167 CRL.RP No. 189 of 2024 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused is before this Court in this revision petition filed under Section 397 read with 401 of Cr.P.C. with a prayer to set-aside the judgment and order of conviction and sentence dated 11.04.2023 passed in CC No.52507/2019 by the Court of XXXIV Addl. Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, and the judgment and order dated 26.12.2023 passed in Crl.A.No.25136/2021 by the Court of LXXII Addl. City Civil and Sessions Judge, Mayo Hall, Bengaluru. 2. Learned counsel for the parties jointly submit that dispute between the parties has been amicably settled during the pendency of this petition and the respondent/complainant has agreed to receive a total sum of Rs.10,61,000/- from the petitioner towards full and final settlement of the amount covered under the cheque in question which is the subject matter of CC No.52507/2019. They submit that parties have filed a joint memo reporting the terms of the settlement and the revision petition may be disposed off in terms of the settlement arrived between the parties. - 3 - HC-KAR NC: 2026:KHC:6167 CRL.RP No. 189 of 2024 3. The parties, who are present in-person before the Court are identified by their respective Advocates and it is submitted that settlement between the parties is voluntary without therebeing any undue influence or coercion. 4. The joint memo dated 03.02.2026, which is signed by the parties and their respective advocates, is taken on record. The same reads as follows:- "JOINT MEMO It is submitted that parties to the above proceedings at the well wishers of both the parties settled the above matter amicable in following terms. The above revision petition filed against the Order passed by the XXXIV Additional Chief Metropolitan Magistrate Bengaluru in C.C.No.52507/2019. The said order was challenged before the Additional City Civil & Sessions Judge Bengaluru in Crl Appeal No.25136/2023. In the appellate court the order passed by the Trial Court was upheld. The trial court passed the order as follows: The Hon'ble Court directed the petitioner to pay the fine amount of Rs.11,16,000/- Out of that Rs.5,000/- was ordered to pay to the state and remaining amount was ordered to pay in favour of complainant/respondent. - 4 - HC-KAR NC: 2026:KHC:6167 CRL.RP No. 189 of 2024 Aggrieved by both the order the petitioner herein challenged the same by filing the above petition. It is submitted that the petitioner paid the amount by depositing before the Court as follows: Rs.90,000/- at the time of filing the appeal before the first appellate court. Rs.2,43,300/- deposited at the instance of directions given by this Hon'ble Court while suspending the sentence. Rs.1,00,000/- paid by cheque on 29.01.2026. In view of the settlement reached between parties, petitioner has issued a cheque for balance amount as follows: Rs.1,00,000/- by cheque bearing no.000007 drawn on Kotak Mahindra Bank dated 26.02.2026. Rs 5,27,700 by cheque bearing no.000008 drawn on Kotak Mahindra Bank dated 30.05.2026. The parties to the proceedings settled the above matter as petitioner agreed to pay an amount of Rs 10,61,000/- (ten lakhs sixty one thousand only)- The settlement reached between the parties to settle the matter amicably and there were no force or undue influence by anyone. At their own free will they have reached to the settlement by terms and conditions contemplated in the above joint memo. - 5 - HC-KAR NC: 2026:KHC:6167 CRL.RP No. 189 of 2024 If the petitioner is not honouring the terms contemplated above, the above revision petition will be reopened for adjudication." 5. Considering the aforesaid aspects of the matter, I am of the opinion that this revision petition is required to be disposed off in terms of the joint memo and the impugned judgment and order of conviction and sentence passed against the petitioner needs to be set-aside. Accordingly, the following order:- 6. The Criminal Revision Petition is allowed. The impugned judgment and order of conviction and sentence dated 11.04.2023 passed in CC No.52507/2019 by the Court of XXXIV Addl. Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, and the judgment and order dated 26.12.2023 passed in Crl.A.No.25136/2021 by the Court of LXXII Addl. City Civil and Sessions Judge, Mayo Hall, Bengaluru, are set-aside and the petitioner is acquitted of the offence punishable under Section 138 of the N. I. Act. Her bail bonds, if any, stands cancelled. 7. Respondent, who is present in-person before the Court admits that the amount deposited by the petitioner before the - 6 - HC-KAR NC: 2026:KHC:6167 CRL.RP No. 189 of 2024 Trial Court has already been withdrawn by him and he also acknowledges receipt of Rs.1,00,000/- paid by the petitioner through cheque on 29.01.2026. 8. It is made clear that in the event, the post-dated cheques issued by the petitioner are dishonoured, respondent is at liberty to file necessary application seeking to revive this revision petition. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 41