- 1 - HC-KAR NC: 2026:KHC:739 CRL.RP No. 271 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 271 OF 2020 (397(Cr.PC) / 438(BNSS)) BETWEEN: SMT. CHANDRAKALA, W/O KRISHNAMARAJU, AGED ABOUT 47 YEARS, R/AT NO.45, 5TH TEMPLE ROAD, 13TH CROSS, MALLESWARAM, BANGALORE - 560 003. …PETITIONER (BY SRI. SURESH CHOTTEYANDA S., ADVOCATE) AND: 1.A) SRI PRABHAKAR H, SINCE DEAD BY HIS LRS, SMT.LATHA KUMARI W/O SRI. PRABHAKAR.H, AGED ABOUT 37 YEARS, B) KUSUMA, D/O SRI.PRABHAKAR.H, AGED ABOUT 17 YEARS, C) INCHARA, D/O SRI.PRABHAKAR.H, AGED ABOUT 15 YEARS, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:739 CRL.RP No. 271 of 2020 D) UMHA, D/O SRI. PRABHAKAR.H, AGED ABOUT 15 YEARS, E) DHARSHAN, S/O SRI.PRABHAKAR.H, AGED ABOUT 12 YEARS, ALL ARE MINORS REPRESENTED BY THEIR MOTHER SMT. LATHA KUMARI, ALL ARE RESIDING AR R/AT NO.48, 5TH CROSS, SWIMMING POOL EXTENSION, MALLESWARAM, BANGALORE - 560 003. …RESPONDENTS (BY SRI. P.M.CHENGAPPA., ADVOCATE FOR R1(A-E)) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY THE APPELLANT COURT LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY DATED 16.12.2019 IN CRL.A.NO.1692/2017 AND JUDGMENT AND SENTENCE PASSED BY THE LEARNED XIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN C.C.NO.14340/2016 DATED 09.11.2017., AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:739 CRL.RP No. 271 of 2020 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This Criminal revision petition under Section 397 read with Section 401 of Cr.PC is filed by the accused with the prayer to set aside judgment and order of conviction and sentence dated 09.11.2017 passed in C.C.No.14340/2016 by the Court of XIII Additional Chief Metropolitan Magistrate, Bengaluru, which is confirmed in Crl.A.No.1692/2017 by judgment and order dated 16.12.2019 by the Court of LXV Additional City Civil and Sessions Judge, Bengaluru. 2. Heard the learned counsel for the parties. 3. Learned Counsel for the petitioner and learned counsel for respondents jointly submit that dispute between the parties has been amicably settled and they have filed an application under Section 147 of the Negotiable Instrument Act, 1881 read with Section 320 of Cr.PC seeking permission of this Court to permit them to compound the offence for which the petitioner has been - 4 - HC-KAR NC: 2026:KHC:739 CRL.RP No. 271 of 2020 convicted by the Trial Court. They submit that settlement between the parties is voluntary without there being any undue influence or coercion. The parties who are present before this Court are identified by their learned advocates. 4. Application filed under Section 147 of N.I.Act read with Section 320 of Cr.PC is taken on record. In paragraph Nos.1 to 4 of the said application, it is stated as follows: "1. The both parties submit that Hon'ble Trail Court convicted the Petitioner to pay fine amount of Rs.6,25,000/- (Rupees Six Lakhs and Twenty Five thousand only) in default of payment of such compensation she shall undergo Six month imprisonment on 09.11.2017. 2. That on the mediation by the friends and relatives between parties, both parties are come for amicable settlement and to compromise the matter for total amount of Rs.4,10,000/- (Rupees Four Lakhs Ten Thousand only) for that respondent also agreed for the said amount. Today the Petitioner paid sum of Rs.4,10,000/- (Rupees Four Lakhs Ten Thousand only) by way of DD Bearing No...... dated......2025 - 5 - HC-KAR NC: 2026:KHC:739 CRL.RP No. 271 of 2020 Drawn on Indusind Bank, Sadhashiva dated Nagar Branch, Bangalore. 3. The respondent agreed for the above settlement and received amount before the Hon'ble Court and Respondent have no claim whatsoever against the Petitioner. 4. Further Petitioner is permitted to withdraw the amount of Rs.1,25,000/- which was deposited by the Petitioner before the XIII Addl.C.M.M Court at Bangalore in CC No. 14340/2016 for that Respondent have no objection release the said amount infavour of petitioner and both party prays the Hon'ble Court may release the amount in favour of Appellant." 5. The application is signed by the parties and also by their learned advocates. Under the circumstances, I am of the opinion that the parties are required to be permitted to compound the offence for which petitioner has been convicted by the Courts below. Accordingly, the following: ORDER (i) I.A.No.1/2025 filed under Section 147 of the N.I.Act read with Section 320 of Cr.PC is allowed and the parties are permitted to - 6 - HC-KAR NC: 2026:KHC:739 CRL.RP No. 271 of 2020 compound the offence punishable under Section 138 of N.I.Act for which petitioner has been alleged by the Courts below. (ii) Consequently this Criminal revision petition is allowed and the judgment and order of conviction and sentence dated 09.11.2017 passed in C.C.No.14340/2016 by the Court of XIII Additional Chief Metropolitan Magistrate, Bengaluru, which is confirmed in Crl.A.No.1692/2017 by judgment and order dated 16.12.2019 by the Court of LXV Additional City Civil and Sessions Judge, Bengaluru is set aside and the petitioner is acquitted for the offence punishable under Section 138 of the N.I.Act. iii) The amount of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) deposited by the petitioner before the Trial Court in - 7 - HC-KAR NC: 2026:KHC:739 CRL.RP No. 271 of 2020 C.C.No.14340/2016 is permitted to be withdrawn by her. In view of the disposal of this Criminal revision petition, I.A.No.1/2021 does not survive for consideration. Accordingly, the same is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 7