- 1 - HC-KAR NC: 2026:KHC:5305 CRL.RP No. 236 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 236 OF 2022 BETWEEN: MR. E. ALIJAN AGED ABOUT 53 YEARS S/O IBRAHIM SHOP NO.D-20 APMC MARKET YARD HUSKUR VILALGE ROAD HOSUR MAIN ROAD CROSS SINGENA AGRAHARA BANGALORE - 560 100. …PETITIONER (BY SRI VIJAYA KUMAR K, ADV.) AND: MR. K. ASHFAQ AHMED AGED ABOUT 48 YEARS S/O M. ABDUL KHADAR FRUIT MERCHANT SHOP NO.A-19 APMC MARKET YARD HUSKUR VILALGE ROAD HOSUR MAIN ROAD CROSS SINGENA AGRAHARA BANGALORE - 560 100. …RESPONDENT (BY SRI MARY CHRISTINA P.S, ADV.) THIS CRL.P IS FILED U/S.397 READ WITH SECTION 401 OF CRIMINAL PROCEDURE CODE PRAYING TO SET ASIDE THE JUDGMENT DATED 06.11.2021 IN CRIMINAL APPEAL NO.463/2019 PASSED BY LEARNED CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 138 OF THE NO.I ACT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5305 CRL.RP No. 236 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 Section 401 of Cr.P.C. with a prayer to set-aside the judgment and order of conviction and sentence dated 22.02.2019 passed in CC No.14745/2016 by the Court of XIII ACMM, Bengaluru City and the judgment and order dated 06.11.2021 passed in Crl.A.No.463/2019 passed by the Court of LV Addl. City Civil and Sessions Judge, Benglauru. 2. This Court had referred this matter for mediation and in compliance of the order passed by this Court, parties had appeared before the Mediation Centre, Bengaluru and the dispute between the parties has been settled and a Memorandum of Settlement was executed between the parties before the Mediation Centre, Bengaluru on 11.09.2025. Copy of the said Memorandum of Settlement which is signed by the parties and by their learned Advocates has been forwarded to this Court. The said Memorandum of Settlement dated 11.09.2025 is taken on record. - 3 - HC-KAR NC: 2026:KHC:5305 CRL.RP No. 236 of 2022 3. Perusal of the material on record would go to show that petitioner was convicted for the offence punishable under Section 138 of the N. I. Act by both the Courts and was sentenced to pay fine of Rs.2,85,000/- and in default, to undergo simple imprisonment for a period of one year. 4. In paragraph No.II (1 to 4) of the Memorandum of Settlement, it is stated as follows:- "1. Both the parties state that out of the compensation of Rs.2,85,000/- (Rupees Two Lakhs Eighty Five Thousand Only) the Petitioner/Accused has deposited a sum of Rs. 1,42,500 (Rupees One Lakh Forty Two Thousand Five Hundred Only) before the trial court and the petitioner/accused have no objection to withdraw the said deposit amount of Rs. 1,42,500 (Rupees One Lakh Forty Two Thousand Five Hundred Only) by the Complainant/Respondent. 2. In view of this settlement arrived between the parties, the balance amount of 1,42,500 (Rupees One Lakh Forty Two Thousand Five Hundred Only) the Petitioner/Accused has agreed to pay a sum of Rs.1,10,000/- (Rupees One Lakh Ten Thousand Only) to the Respondent/Complainant as full and final settlement of the Respondent/Complainant in two instalments as mentioned below: - 4 - HC-KAR NC: 2026:KHC:5305 CRL.RP No. 236 of 2022 a) A sum of Rs.55,000/- (Rupees Fifty Five Thousand Only) will be paid by the Petitioner/Accused on or before 25th October 2025 by way of online transfer to the account of the complainant/Respondent bearing No.29360200000234, Bank of Baroda, Singena Agrahara Branch, Bengaluru or through Phone pe/Google pe to the mobile No.9343644422. For which the Complaint/Respondent has agreed to receive the same. b) A sum of Rs.55,000/- (Rupees Fifty Five Thousand Only) will be paid by the Petitioner/Accused on or before 25th November 2025 by way of online transfer to the account of the complainant/Respondent bearing No.29360200000234, Bank of Baroda, Singena Agrahara Branch, Bengaluru or through Phone pe/Google pe to the mobile No.9343644422. For which the Complaint/Respondent has agreed to receive the same. 3. Both parties state that apart from the above they have no claims in whatsoever nature against each other either in past, present. 4. Both the parties agreed to the terms and conditions narrate above in case of default at any payment by the Petitioner/Accused to the Respondent/Complainant then the agreement shall be cancelled and the matter may be dealt with In accordance with law in the court concerned - 5 - HC-KAR NC: 2026:KHC:5305 CRL.RP No. 236 of 2022 and the Respondent/Complainant would be at liberty to seek re open of this case for full amount mentioned in judgment of the trial court." 5. In view of the aforesaid, this criminal revision petition is required to be disposed off in terms of the settlement arrived between the parties and the judgment and order of conviction and sentence needs to be set-aside. Accordingly, the following order:- 6. The Criminal Revision petition is allowed and the judgment and order of conviction and sentence passed in CC No.14745/2016 by the Court of XIII ACMM, Bengaluru City dated 22.02.2019 confirmed by judgment and order passed in Crl.A.No.463/2019 passed by the Court of LV Addl. City Civil and Sessions Judge, Benglauru, dated 06.11.2021, are hereby set-aside and petitioner is acquitted of the offence punishable under Section 138 of the N. I. Act. His bail bonds, if any, stand cancelled. 7. In the event, petitioner/accused fails to honour his commitment as per the terms of the settlement, it is always - 6 - HC-KAR NC: 2026:KHC:5305 CRL.RP No. 236 of 2022 open to respondent/complainant to seek revival of this order in terms of the Memorandum of Settlement. 8. Respondent/complainant is permitted to withdraw the amount of Rs.1,42,500/- deposited by the petitioner before the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 39